Many provisions for spousal support, whether originating from a
Separation Agreement or a Court Order, provide that there can be an
Application for a variation of the quantum of support in the event
of a material change in circumstances. One common possible material
change in circumstance is the retirement of the payor spouse. In
the absence of an agreement between the parties, it is for the
Court to decide whether or not the timing of the retirement is
reasonable and therefore what, if any, reduction in the amount of
support should be allowed.
In many cases the issue is not contentious: where the payor has
surpassed age 65, has accumulated a full pension the value of which
will not increase by continuing employment, or has health reasons
justifying the retirement. But in a surprising number of other
situations whether or not the retirement is "reasonable"
is far from clear-cut, particularly as "early retirement"
becomes more common. And even in cases where the
