What happens to spousal support if the payer retires in Alberta?

This answer covers the law of Alberta.

Retirement is not an automatic end to spousal support in Alberta, but it can be a reason to change it, because a variation depends on a change in circumstances. The Spousal Support Advisory Guidelines are not law, but they treat retirement as usually a material change where the order or agreement is silent. The question is whether retirement was considered in the previous order, not merely whether it was foreseeable.

Early or voluntary retirement is scrutinized closely, and a court may find no material change. Retirement counts as early if the payor retires on a reduced pension, or on an unreduced pension before age 65, absent health or other special circumstances. Pension income that was already divided as property raises double-dipping concerns, so the payor must prove what part was divided.

To change an order, you apply to the court to vary it. Under the Family Law Act the ground is a change in the condition, means, needs or other circumstances of either party, and under the Divorce Act the court must be satisfied that such a change has occurred since the order. A review clause or court-ordered review at retirement can avoid debate over whether retirement is a material change.