Can a pension-holding spouse continue to receive spousal support beyond the date of retirement?
British Columbia, Canada
The following excerpt is from Fehr v. Fehr, 2006 BCSC 1440 (CanLII):
Whether retirement constitutes a material change in circumstance was considered in Boston v. Boston, [2001] 2 S.C.R. 413, 2001 SCC 43. In that case the majority held that there was no reason per se that spousal support cannot continue past the date of retirement of the pension-holding spouse. The payor may apply for a variation, but will be required to demonstrate that there has been a material change in circumstance. The reduction in income following retirement may be such a material change.
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