What is the test for retirement in the context of a review of spousal support?

British Columbia, Canada


The following excerpt is from Mill v. Mill, 2014 BCSC 1754 (CanLII):

Gajdzik v. Gajdzik, 2008 BCSC 160, deals with a retirement in the context of a review where a material change of circumstances need not be established. It was, however, a decision pursuant to s. 15.2(4) of the Divorce Act, and considered the objectives set out in ss. (6) of that section. The closest corollary to s. 15.2(6) of the Divorce Act in the Family Law Act is s. 162. That fact, however, does not make the considerations set out in the Divorce Act irrelevant and indeed, in my view, they are. In Gajdzik, the payor spouse had been a heavy duty mechanic for many years, but he decided he wished to retire at age 60. He had paid spousal support for 7.5 years.

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