Husband’s retirement and resulting reduction of income was material change in circumstances

Family Law – Support - Spousal support under Divorce Act and provincial statutes

Parties were married in 1972, separated in 2000, and were divorced in 2003. Parties had separation agreement in 2002. Husband remarried and had two dependent children. Wife did not remarry. Husband retired in May 2018 and sought to terminate spousal support along with requirement to maintain life insurance to secure support. Husband brought motion to change final order from 2004 requiring husband to pay spousal support of $1,400 per month; wife brought cross-motion to dismiss husband’s motion and to direct husband to obtain assessment from valuator to determine portion of his RRSP attributable to post-separation growth. Ruling was made. Husband’s motion was granted; spousal support was terminated. Husband’s retirement and resulting reduction of income was material change in circumstances. Husband did not retire to avoid paying spousal support.

Angulo v. Angulo (2019), 2019 CarswellOnt 3399, 2019 ONSC 1456, C. Horkins J. (Ont. S.C.J.).

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