Can a reduction in income due to retirement be a material change?
British Columbia, Canada
The following excerpt is from Peters v. MacLean, 2014 BCSC 990 (CanLII):
For a change to be material, it must be substantial, unforeseen and continuing (Fehr v. Fehr, 2006 BCSC 1440 [Fehr]). A substantial reduction in the payor’s income due to retirement can be a material change of circumstances, but that is not always the case.
In Boston v. Boston, 2001 SCC 43 [Boston], the majority held that there was no reason per se that spousal support cannot continue past the date of retirement of a pension-holding spouse. The payor may apply for a variation, but will be required to demonstrate that there has been a material change in circumstances. The reduction in income following retirement may be such a material change.
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