What is the legal framework to apply to post-retirement spousal support obligations?

Putting aside the issue of advance rulings, the legal framework to be applied in regard to post-retirement spousal support obligations is set out in LeMoine. That case stands for several propositions. First, it must be determined whether the possibility of retirement was considered at the time the initial support order was made. However, as one court pointed out, had the matter of retirement been contemplated at the time of the earlier hearing, one would expect the resulting order to provide for review on retirement (see Hoar v. Toner, 2010 NBQB 167, 361 N.B.R. (2d) 94). Second, the court must decide whether the decision to retire constitutes a material change in circumstances, thereby warranting consideration of a variation. In cases where the retirement results in a substantial drop in the payor’s income, this criterion is easily satisfied. Third, the court must then consider the merits of the application in accordance with established principles, including those set out in LeMoine.