Spousal support may not be reduced just because the supported spouse starts to receive retirement benefits.

In the recent case of In re Marriage of Dietz, 2009 Cal. App. LEXIS 1282, the court of appeal held that that the distribution to wife of her share of husband’s retirement plans and her eligibility to begin drawing from them does not constitute a change of circumstances for support modification purposes. Please be aware of this when you consider options for settlement of spousal support during your divorce.