When Can A Spouse Stop Paying Spousal Support Because They Want to Retire!

When Can A Spouse Stop Paying Spousal Support Because They Want to Retire!

You’re about to uncover one of the most difficult areas in Ontario family law: the issue of when does spousal support stop if a spouse wants to retire from their job.

Hi, my name is Thomas O’Malley.  I’m an experienced family lawyer in Durham Region and the GTA.

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Generally, the Ontario family court is reluctant to let a spouse retire early and reduce or terminate their payment of spousal support when they still owe a spousal support obligation to their former spouse.

When I refer to retiring early, that usually means that a former spouse wants to retire before the age of 65.

Specifically, the concept of early retirement from the court’s point of view means a former spouse’s premature retirement on a reduced pensioni for the purpose of defeating a legitimate spousal support claim.

One important exception is whether spouses considered the issue of retirement as an event to reduce or termination spousal support in their separation agreement.  Some spouses negotiate a separation agreement in which they agree that a spouse can retire at a certain age or that the spouse’s obligation to pay support and the amount of support paid can be reviewed when the spouse reaches a certain age.

The family court is also more likely to reduce the amount of spousal support that a spouse must pay when they retire with an unreduced pension amount. 

For example, in a recent case, the husband retired at the age of 54.  He retired after he had completed 30 years’ service and he qualified for a full pension.  The court concluded that the husband’s decision to retire was reasonable since he met the full pension plan criteria and his long years of service with his employer.

The real key to dealing with this sticky issue of retirement and the payment of spousal support is to craft a carefully-worded provision or paragraph in a separation agreement or family court settlement.

You want, at least, to put a clause in your written agreement that the payment of spousal support can be reviewed when payor spouse reaches a certain age.

You could even put a clause in a written agreement that the payor spouse is allowed to retire on or after he reaches a certain age and that the spousal support amounts are reduced or terminated accordingly.

Work carefully with your family lawyer to draft a provision in your written agreement that helps you deal with the tricky issue of spousal support and retirement.

If you have any questions about your separation, divorce or family law case and you would like our help, feel free to contact me on my Facebook law office page, that’s O’Malley Family Law, or call me at 905-434-8837 and I’ll point in you in the right direction. 

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