Can spousal support continue beyond the date of retirement of a pension-holding spouse?
British Columbia, Canada
The following excerpt is from Brouwer v Brouwer, 2019 BCSC 274 (CanLII):
In Boston v. Boston, 2001 SCC 43 [Boston], the majority held that there was no reason per se that spousal support cannot continue past the date of retirement of a pension-holding spouse. The payor may apply for a variation, but will be required to demonstrate that there has been a material change in circumstances. The reduction in income following retirement may be such a material change.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a pension-holding spouse continue to receive spousal support beyond the date of retirement? (British Columbia, Canada)
Can a spouse continue to receive spousal support after the spouse has retired? (British Columbia, Canada)
What is the test for a spouse to apply for spousal support under the Spousal Support Review System? (British Columbia, Canada)
How has the BCSC reviewed a reduction in spousal support for a payor spouse's long-planned retirement? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
Does a spouse's failure to make an interim application for retroactive child and spousal support carry more weight than they would have if they were seeking interim support? (British Columbia, Canada)
What is the test for delay in making an application for interim support for a spouse who has been receiving support from the other spouse for the past 10 years? (British Columbia, Canada)
What is the test for terminating spousal support when the payor spouse has retired? (British Columbia, Canada)
Does a spouse have to continue to pay spousal support and the terms of the agreement with respect to property be set aside? (British Columbia, Canada)
Can an award of compensatory spousal support be justified by the existence of either an economic disadvantage to the payee spouse or an economic advantage to the Payor spouse? (British Columbia, Canada)
