Early Retirement and Spousal Support in California

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Early Retirement and Spousal Support in California

March 8, 2024
Maryam

Pursuant to California law, a payor of spousal support has an absolute right to retire at the age of 65, In Re: Marriage of Reynolds 63 Cal. App. 4th 1375.  

Pursuant to In Re: Marriage of Shimkus, 244 Cal.App.4th 1262, and applicable California law, in certain circumstances, a party may have adequate justification to retire prior to the age of 65 but the court must still determine whether the early retirement was adequately justified, whether termination or modification of spousal support is appropriate, and the court must consider the Family Code Section 4320 factors. 

For example, In Marriage of Shimkus, the payor of spousal support was a firefighter, and firefighters tend to retire much earlier due to the harsh conditions of their work and the physical labor. Upon expert testimony stating that firefighters customarily retire in their 40s, and the payor had exceeded that standard and retired in his 50s. The court found that his early retirement was adequately justified as the payor exceeded the standard.

Therefore, the court can impute income if they believe that early retirement is not adequately justified.

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Attorney with compassion and conviction

I really am not sure how I found Maryam originally, but I’m so glad that I did. My divorce and custody battle dragged out for over two years, but in the end I have full custody of my children and have been able to move on with my life. Divorce is emotionally difficult, but having Maryam navigate the legal waters made the whole situation easier. I highly recommend her if you need an attorney who will help you work through your family law matters with compassion and conviction.