Can Spousal Support Be Reduced or Ended When the Payor Retires in Ontario?

Yes, retirement can affect spousal support, because it is one of the reasons spousal support ends. Under the federal Divorce Act, a court can vary, rescind or suspend a spousal support order on an application by either or both former spouses, and before it varies an order it must be satisfied that a former spouse's circumstances have changed since the order or the last variation. If the order or agreement says nothing about retirement, retirement is usually a material change that can support a variation.

Courts look closely at early retirement. If it is voluntary and not necessary or reasonable, the court may find no material change and leave support unchanged, though health problems can justify retiring early. Where a pension was already divided as property, support after retirement focuses on the undivided part, and the payor must prove how much was divided. A review is different from a variation: a variation requires a material change in circumstances, while a review is more like an initial application.

Only a court can change an order, through a motion to change; the Family Responsibility Office (FRO) cannot. Until the order is changed, it stays in place and FRO keeps enforcing it.