The applicant sought to vary a final order for spousal support, requesting termination of his obligation due to job loss, health issues, and retirement.
The respondent opposed, arguing the applicant's retirement was voluntary and due to misconduct.
The court found a material change in circumstances based on the applicant's job loss, extensive efforts to find new employment, advanced age, and deteriorating health.
While not terminating support due to its compensatory and non-compensatory elements and the lack of pension equalization, the court reduced the spousal support obligation to $1 per month, effective retroactively, acknowledging the applicant's current inability to pay.
Arrears accumulated prior to the effective date of reduction were to be repaid monthly, with a charge on the applicant's estate.
