How has the Arbitrator treated the issue of spousal support in the context of retirement considerations?

Ontario, Canada


The following excerpt is from Dunsmore v. Dunsmore, 2018 ONSC 4842 (CanLII):

In that context, the Arbitrator referred to the submission on behalf of the Appellant that in circumstances where the ability to pay is not an issue, the parties should have the financial ability to enjoy a similar lifestyle. While recognizing that proposition, at paragraph 69 the Arbitrator explained that she departed from that principle because “these considerations must now give way to the new reality of impending retirement and the need to organize their respective budgets accordingly”. The Arbitrator was equally alive to the significance of the compensatory nature of the spousal support order but at paragraph 71 the Arbitrator held that the compensatory portion of the spousal support obligation had been met, which was a prerequisite to the termination order. The Arbitrator explained the rationale and relied on the decision in Puiu v. Puiu.[16]

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