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How retirement impacts spousal support

By Andrew Feldstein

This case demonstrates how courts determine spousal support obligations in light of retirement. Ultimately, the appeal judge significantly reduced a doctor’s spousal support obligations to reflect his upcoming retirement.

The couple originally separated in 1990 after 24 years of marriage and one child. The husband practiced as a general surgeon and the wife was a homemaker. In 1996, the wife was granted a spousal support order which required the husband to pay CAD $7,500 monthly, which was indexed to the Consumer Price Index for Canada (over time with inflation it was pro-rated to $10,000 per month) and maintain insurance policies naming her as the benefactor. This large monthly payment was due in part to the wife’s compensatory claim – she had supported her husband through medical school and stayed home with their child so he could advance his career. When the order was initially made, the husband was earning CAD $275,000, though his practice was in Kentucky. Read More at Feldstein Family Law Group Blog

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