Courts view retirement benefits as income.

In the aftermath of divorce, retirement may have a significant impact on the obligations of the payor of spousal or child support.

In considering motions for modification, courts may consider whether the disadvantage to the recipient outweighs the benefit to the payor, and whether retirement is in good faith or bad faith.

In general, courts consider five factors in modifying support occasioned by retirement. They are 1) whether retirement was foreseen at the time the order was entered; 2) the age of retirement; 3) the circumstances of the retirement (good faith or "involuntary," such as health or a buyout offer) and efforts to find other employment; 4) whether the action was taken to avoid support; and 5) whether retirement was taken voluntarily for a reason other than health or forced retirement.

When a retiree argues that early retirement is being taken for health reasons, the burden of proof is on him.

See Modification.

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