The respondent brought a motion for summary judgment seeking dismissal of the applicant’s claim for renewed spousal support in a Motion to Change, following a separation agreement containing a final release of spousal support.
Applying the two‑stage analysis from Miglin v. Miglin, the court examined whether the agreement should be set aside due to deficiencies in negotiation, disclosure, or subsequent unforeseen circumstances.
The court found the agreement was negotiated over several years with extensive disclosure and legal representation, and there was no evidence of duress or procedural unfairness.
At the second stage, the applicant failed to demonstrate a significant change in circumstances not contemplated by the agreement.
Summary judgment was granted and the spousal support claim dismissed.