IS RETIREMENT AN EVENT THAT SHOULD BE ANTICIPATED AND DEALT WITH IN AN AGREEMENT?
As it turned out, the case turned on the fact that the man was forced to retire by an unforeseen physical disability, so the Court disregarded the ex-wife’s argument. However, the fact that she made the argument should serve as notice to all who make divorce agreements that they should consider language regarding retirement to protect their client at the time of retirement from an obligation they may not be able to meet. ( Peterson v. Peterson, No. 2012-CA-00228-COA (Decided Nov. 19. 2013)