In Re the Marriage of Sinks

There are retirements, and then there are retirements. Some forced, some voluntary at the time the number of years of employment coalesces with the employee’s requisite age, and others which are offered to induce employees to retire early for the economic benefit of the employer. George is in the latter category, one which has been utilized with more and more frequency in the past decade as major employers faced with increasing pressures of international competition seek to maintain or increase profit margins.

When the parties here were divorced in 1981, it is likely neither they nor the court assumed George would opt to retire before completing 20 years service, an event which would occur the same year he would reach the generally accepted retirement age of 65. Indeed, the retirement plan utilized by George was not enacted by his employer until 1986. It, in effect, enhanced the retirement benefit by crediting George with an additional three years service should he retire at age 62. Thus, suddenly George was in a position to immediately retire with the same benefits he would otherwise have to work another three years to receive, an offer he apparently was emotionally unable to…

George H. Sinks, Jr., appeals an order denying his motion to reduce or terminate spousal support. The motion was based on the premise that George's early retirement (at the age of 62) constituted a change in circumstance justifying either a reduction or termination of support. We conclude the trial court found George's retirement was motivated by his desire to avoid paying spousal support, and, therefore, the refusal to terminate support was not an abuse of discretion.

George H. and Betty M. Sinks separated in July 1980 after nearly 30 years of marriage. At the time of separation, one minor child (16 years old) resided at home. George was a personnel manager for a division of Merck & Company; Betty was an unemployed homemaker who had worked at a church school which paid her $368.79 per month. After a trial in July 1981, the interlocutory judgment of dissolution was entered on August 28, 1981. Among other things, the judgment provided that George pay Betty spousal support of $900 per month for two years, beginning August 1, 1981, and, thereafter, each year the monthly payment would be reduced by $100 until the support was $500 per month, where it was to remain…

*588 Opinion

George H. Sinks, Jr., appeals an order denying his motion to reduce or terminate spousal support. The motion was based on the premise that George’s early retirement (at the age of 62) constituted a change in circumstance justifying either a reduction or termination of support. We conclude the trial court found George’s retirement was motivated by his desire to avoid paying spousal support, and, therefore, the refusal to terminate support was not an abuse of discretion.

Facts Background

George H. and Betty M. Sinks separated in July 1980 after nearly 30 years of marriage. At the time of separation, one minor child (16 years old) resided at home. George was a personnel manager for a division of Merck & Company; Betty was an unemployed homemaker who had worked at a church school which paid her $368.79 per month. After a trial in July 1981, the interlocutory judgment of dissolution was entered on August 28, 1981. Among other things, the judgment provided that George pay Betty spousal support of $900 per month for two years, beginning August 1, 1981, and, thereafter, each year the monthly payment would be reduced by $100 until the support was $500 per month, where it…