The applicant sought to terminate or reduce his spousal support obligation under a separation agreement dated June 20, 2003, citing two material changes in circumstances: his early retirement from employment and the respondent's increased income.
The respondent opposed the motion and sought continuation of support at the original amount.
The court found that while the applicant's early retirement constituted a material change in circumstances based on the loss of extended health benefits, the applicant's voluntary decision to retire early did not justify full termination of support.
The court reduced spousal support in stages to reflect the applicant's reduced income while recognizing the respondent's ongoing need and the compensatory nature of the support obligation.
