What is the test for determining post-retirement spousal support?

New Brunswick, Canada


The following excerpt is from Vaughan v. Vaughan, 2014 NBCA 6 (CanLII):

While LeMoine provides one analytical framework for determining post-retirement spousal support, it is not the only one. Reference is made in Hoar v. Toner to two other frameworks and the relevant jurisprudence. Both frameworks look at the reasonableness of the decision to retire, even though it is found that the decision to retire is not motivated by a desire to frustrate the payment of spousal support.

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