What is the effect of early retirement from the oil industry on a spousal support order?

Saskatchewan, Canada


The following excerpt is from Herweghe v. Herweghe, 2008 SKQB 369 (CanLII):

Having reached the conclusion that a review of the spousal support order is not appropriate in these circumstances, several further comments must be made. Both parties acknowledged that it was not their expectation during the marriage that the respondent would continue to work in the oil industry in his present capacity to what would ordinarily be considered a “normal” age of retirement. The result of this decision, however, is that the onus to establish a material change of circumstances upon any variation application shall rest with the respondent. The mere fact that at the time of trial early retirement from the oil industry was clearly within the contemplation of both parties should not be construed as an impediment to establishing that such retirement is a change of circumstances as mandated in Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670.

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