The moving party sought to terminate his spousal support and life insurance obligations, arguing that his voluntary retirement at age 56 constituted a material change in circumstances.
The parties had previously executed a separation agreement providing for spousal support for a fixed ten-year period.
The court found that the retirement was voluntary, the moving party retained the capacity to earn income, and the parties had intended for support to continue for the full ten-year term to allow the recipient to plan her financial affairs.
The court concluded there was no material change in circumstances and dismissed the motion.
