The applicant moved to terminate spousal support following voluntary retirement at age 55, arguing that the resulting reduction in income was a material change in circumstances and that continued support would amount to double recovery after equalization of his pension.
The court held that retirement at age 55 and its income consequences were reasonably foreseeable when the parties executed both the partial and final separation agreements, particularly given the express contractual language that a voluntary reduction in income would not constitute a material change.
Applying the material change threshold under s. 17(4.1) of the Divorce Act and the principles governing negotiated spousal support agreements, the court found no basis to vary the support obligation.
The respondent's limited employability, modest circumstances, and ongoing economic hardship arising from the marriage breakdown supported continued support.
The motion was dismissed, support was fixed at $2000.00 per month from March 1, 2014, and costs were awarded to the respondent.
