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Can You Stop Paying Spousal Support Because You Decide To Retire

By | - September 19, 2022

Steve Benmor is a recognized divorce lawyer, family mediator, arbitrator, speaker, writer and educator. Mr. Benmor has worked as lead counsel in many divorce trials, held many leadership positions in the legal community and has been regularly interviewed on television, radio and in newspapers as an expert in Family Law.

That was the very question that a judge answered in this case spousal support.

The spouses separated in 2008 after a 21-year marriage. There was a final order that the husband pay spousal support to the wife in the amount of $1,800 per month.

On August 1, 2019, 11 years alter, the husband retired at age 55. He was earning $99,196 per year. Upon retirement, his pension paid him $30,345 per year.

The husband brought a Motion to Change seeking termination of his spousal support. He argued that his retirement was not voluntary as it was necessitated by his physical limitations.

By the time of the trial, the wife was 66 and the husband was nearly 58.

The wife pointed to the absence of medical evidence regarding the husband’s physical condition. The judge stated that medical evidence is desirable but not essential.  The judge accepted the husband’s evidence that he retired because he was no longer able to cope with the demands of the job due to the pain he was experiencing, even without medical evidence.  The judge said that the husband was credible and that his retirement was due to physical limitations and was not voluntary. Spousal support was reduced.

Case Link: https://www.canlii.org/en/on/onsc/doc/2022/2022onsc4602/2022onsc4602.html

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