The applicant wife and respondent husband separated after 18 years of cohabitation and marriage, entering into a separation agreement in 2015 that provided for spousal support of $10,000 per month.
The husband ceased payments in April 2019 and brought a motion to vary or terminate spousal support, citing voluntary retirement due to perceived health issues and changes in medical practice.
The wife opposed the motion, asserting her continued entitlement to support.
The court dismissed the husband's motion, finding that his voluntary retirement was not a material change in circumstances warranting a variation, and that he retained the capacity to work.
The court ordered spousal support to continue as per the original separation agreement.