The applicant brought a motion to change a prior spousal support order on the basis that his retirement constituted a material change in circumstances under s.17 of the Divorce Act.
He had voluntarily retired at age 62, reducing his income from over $200,000 to approximately $68,000 in pension income, and sought termination of his $2,000 monthly support obligation.
The court reviewed jurisprudence concerning voluntary retirement and variation of support, emphasizing that retirement alone does not automatically constitute a material change.
The court found the retirement was voluntary, undertaken for lifestyle reasons, and that the payor remained financially comfortable and had failed to plan for continuing support obligations despite rising income over many years.
The applicant therefore failed to establish a material change in circumstances warranting termination of spousal support.
