The respondent brought a motion to change seeking to terminate his spousal support obligations after paying for 28 years following a 21-year marriage.
The respondent, aged 72, planned to retire and rely primarily on his pension, which had already been equalized.
The applicant brought a cross-motion to increase support.
The court found that the respondent's retirement constituted a catastrophic change in circumstances and that continuing support from his equalized pension would amount to impermissible double dipping.
The respondent's motion was granted, terminating support via a step-down schedule, and the applicant's cross-motion was dismissed.
