What is the test for a variation of spousal support for a 62 year old woman?

Ontario, Canada


The following excerpt is from Hall v. Hall, 2019 ONSC 2286 (CanLII):

Also relied on by the applicant is Bullock v. Bullock, 2004 CarswellOnt 919 (Ont. S.C.J.). The trial judge found that voluntary early retirement was not a “material change in circumstances” justifying a variation of spousal support. The trial judge stated, in part, at para. 13: 13 … In my view, voluntary retirement at age 62 is not a basis for finding a material change in circumstances. A support payor cannot choose to be voluntarily underemployed, whether by retirement or otherwise, and thereby avoid his or her spousal support payment obligations … [citations omitted]

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