The appellant appealed a decision dismissing his motion to change and terminate his $1,000 monthly spousal support obligation following his voluntary retirement at age 55.
He argued his retirement constituted a material change in circumstance and that paying support from a previously divided pension amounted to double dipping.
The Divisional Court dismissed the appeal, upholding the motions judge's finding that the retirement was a voluntary, self-engineered withdrawal from the workforce partly motivated by a desire to avoid support obligations.
A cross-appeal by the respondent to remove a court-imposed termination date of age 64 was granted on consent.
