10/05/2026
Spousal support obligations do not necessarily continue into retirement, as a recent Ontario Court of Appeal decision shows.
According to the ruling, in 2013 the parties agreed that the husband would pay his former wife $15,500 per month in spousal support after their 25-year union ended.
The open-ended agreement reflected that the wife was unable to work after their separation and that the marriage had been traditional, with the wife staying home to raise their three children while her husband pursued his medical career.
In 2022, the wife brought a motion seeking increased support retroactive to 2014, citing deteriorating health and rising medical expenses. The husband responded by seeking to terminate support, arguing that his impending retirement would significantly reduce his income.
The motion judge found that his retirement and resulting drop in income amounted to a “material change” in circumstances. She ordered a two-year transitional period, with support ending Sept. 30, 2026.
The wife appealed, arguing in part that the judge had not given enough weight to evidence of family violence during the marriage and its impact on her health and ability to earn an income.
The Court of Appeal dismissed her appeal, finding no basis to interfere with the motion judge’s decision. The court found that the judge had considered the wife’s health issues and the relationship between her PTSD and family violence when reaching her decision.
But family law litigants should be careful not to read too much into the ruling.
Retirement can amount to a material change that justifies reconsidering spousal support. But it does not automatically mean support will be reduced or terminated. Courts must still consider the parties' circumstances and the objectives of spousal support.
Judges have considerable discretion when making support decisions. As the Court of Appeal emphasized, an appeal court cannot intervene simply because it might have weighed the factors differently.
