Does spousal support end when I retire?
Ah, retirement — that golden stretch of life where alarm clocks are optional, coffee tastes better on the porch, and you finally have time for your long-neglected hobbies (woodworking, anyone?). But if you’re paying spousal support, you might be wondering:
“Can I finally retire… and retire from paying my ex too?”
It’s a fair question. After decades of work, support payments might feel like an extension of your job description. Unfortunately, there’s no simple "yes" or "no" — because when it comes to spousal support and retirement in Ontario, the answer is classic lawyer-speak: it depends.
Let’s break it down — no legal jargon, just straight talk.
Retirement Isn’t a Magic Off-Switch
First, a bit of a myth-buster: retirement doesn’t automatically end your spousal support obligations. There’s no magic birthday or “Congrats, you’re done!” letter from the court.
Instead, retirement can sometimes be grounds to change or end support — but only if it qualifies as a “material change in circumstances.”
Translation? The court needs to see that your retirement is a real shift in your financial picture — and not just a convenient excuse to cut off support early.
So What Is a “Material Change” Anyway?
Under section 17 of the Divorce Act, a court can change a support order if something significant has shifted since the original deal was made.
Retirement can count — but not always. Courts look at things like:
Your age and health
The reason for retiring (was it reasonable, voluntary, or forced?)
How long you've been paying support compared to the length of time you lived with your former spouse
Whether your ex still has financial need
What your retirement income looks like
Whether your agreement or court order mentioned retirement
Basically, if you’re 63, your knees are shot, and you’ve been working since the Reagan era, courts will likely see your retirement as legit. But if you’re 57, healthy, and just tired of the grind? You may have a tougher time convincing a judge you’re off the hook.
Real Talk: What Do Judges Actually Do?
Let’s look at a few recent cases that shed some light:
Retirement was reasonable — support ended.
In Fielding v. Fielding, the payor retired at 64 after 40 years of being a surgeon (yes, with a scalpel). The court found his retirement reasonable and ended his $10,000/month support. Bonus: he’d already paid 12 years of support, and both parties had similar wealth. (Yes, $4 million each.)
Retirement was early — but not a dealbreaker.
In T.D.M. v. R.M.M., the payor retired at 60 from a physically demanding job. Despite the ex still needing support, the court allowed support to end — he’d paid for 14 years, had chronic pain, and retirement was always part of their agreement.
Partial reduction, not full stop.
In Starra v. Starra, the payor doctor started winding down his work at 64. The court didn’t cut support completely right away, but phased it down over time. Why? Because fairness goes both ways — and support transitions aren’t all-or-nothing.
5 Things to Keep in Mind Before You File That Motion to Change
You can’t just say, “I’m retired!” and stop paying. Courts want evidence — and notice. Think of it as an HR exit interview… with a judge.
If retirement was foreseeable at the time of your original agreement, you’ll have a harder time claiming it’s a game-changer now.
Courts want to see fair play. If you’ve been a diligent payer and give reasonable notice, that works in your favour.
You might still owe something. Even if support is reduced, a total cut-off isn’t guaranteed.
You need a plan — and probably a lawyer. Whether you're the payor or recipient, this stuff is nuanced. Good legal advice helps you avoid expensive mistakes (or false hope).
Bottom Line?
Retirement doesn’t mean automatic freedom from spousal support.
But if it’s reasonable, well-planned, and significantly impacts your finances, you may have a good case for reducing or ending payments, particularly if the length of time you’ve paid is similar to the length of time you lived with your former spouse.
Want to know where you stand? Or just need to strategize before that big step? We can help. At Passageway Law, we specialize in guiding people through life transitions like this — with clarity, compassion, and no unnecessary drama.
Thinking about retiring (from your job and your support payments)?
Let’s talk. We'll help you figure out if it's time to hang up your career — and maybe your spousal support, too.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is different. For personalized guidance, please speak with a family law lawyer (like us — we’re friendly and helpful).