SPOUSAL SUPPORT ENDING UPON RETIREMENT

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Date: Summer 2018
From: American Journal of Family Law(Vol. 32, Issue 2)
Publisher: Aspen Publishers, Inc.
Document Type: Article
Length: 720 words
Lexile Measure: 1340L

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The spousal-support provision in the decree stated that the husband was to pay the wife $930 each month in spousal support "until [his] normal retirement age, 62 or 65 years of age," and "is subject to the court's continuing jurisdiction or until the death of either party or the remarriage of [the wife]."

The spousal support provision was ambiguous.

An appellate court in Ohio affirmed the trial court's interpretation of this language as meaning that the husband had to be at least 62 years of age and retired, in Landry v Landry, 85 NE3d 313 (Oh App 2017).

TERMINATION SOUGHT

The husband had filed a motion to terminate his spousal-support obligation stating that he had turned 62 years of age. A magistrate denied the motion, interpreting the support provision as saying the husband's obligation would terminate when he was at least 62 years of age and retired. He had not yet retired. The husband filed objections to the magistrate's decision with the trial court. He argued that he had met "the sole condition precedent" to ending his spousal-support obligation (turning...

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Gale Document Number: GALE|A541787100