Legal Question in Family Law in New York

spousal maintenance termination

my divorce settlement states that I pay my ex-wife maintenance until receiving payment of my pension/retirement benefits from my current employer. Does this mean I must pay her as long as I work for this company? I will be getting my pension from the company now as they have dissolved the plan. I am of retirement age but will still be working.I was thinking it meant that as long a I am working full time I must pay maintenance.. If my hours are reduced to part time do I still have to pay? She has already recieved the QDRO.

Thanks in advance.


Asked on 10/27/06, 9:47 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: spousal maintenance termination

Suggest that you consult with the attorney who represented you during your divorce proceeding and who participated in the drafting of the Settlement Agreement.

If that attorney is not available, you should gather all of your papers and schedule an appointment with an attorney to review your documents in order to clarify your obligation.

In the interim, assume that your obligation to pay maintenance continues, unless your Settlement or Court Order, specifically relieves you of the obligation in the event of,... Or, you obtain a a Court Order that reduces or terminates your obligation to pay.

Good luck,

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Answered on 10/30/06, 6:06 pm


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