The appellant appealed an order reducing and ultimately terminating her spousal support.
The respondent, a former police officer, had voluntarily retired at age 51 and successfully argued at first instance that this constituted a material change in circumstances.
The Divisional Court allowed the appeal, finding that the motion judge made a palpable and overriding error in concluding the parties had agreed to an early retirement date during their initial settlement.
The Court held that voluntary early retirement by a payor who retains the capacity to earn income does not constitute a material change in circumstances.
The Court also found errors in the motion judge's application of the rule against double-dipping and the imposition of a termination date on support for a disabled spouse.
The original spousal support order was reinstated.
