NewsTalk 1010: Spousal Support After Retirement - Featuring Laura Paris, Shulman & Partners

A recent dispute involving Rudy Giuliani and his former spouse has drawn renewed attention to a question many separated Canadians face later in life: when can spousal support be changed? As incomes shift due to retirement, career changes, or unexpected financial downturns, former spouses may seek to reduce or adjust support obligations. The issue is especially relevant for long-term marriages, where financial roles were clearly divided and expectations around support were built over decades. In this NewsTalk 1010 segment, Laura Paris, Associate Lawyer at Shulman & Partners LLP, explains how Ontario courts approach requests to vary spousal support and why these applications are rarely straightforward. Her insights highlight the legal threshold required to revisit existing arrangements and the importance of planning for foreseeable life changes at the time of separation.

“You have to establish a material change in circumstances. Just because your income has gone down does not automatically mean that spousal support will be reduced or terminated.”
— Laura Paris, Associate Lawyer at Shulman & Partners LLP

In the interview, Laura explains that changing spousal support in Ontario is often more difficult than many people expect. Unlike child support, which is based on clear guidelines and income tables, spousal support depends on a broader assessment of fairness and long-term financial realities. To successfully change an existing spousal support order or agreement, the person requesting the change must prove a material change in circumstances. This means a significant, unforeseen change that alters the financial foundation on which the original agreement was based.

A drop in income, such as the one cited in the Giuliani case, may trigger a review, but it does not guarantee a reduction or termination of support. Courts will look closely at the reasons behind the income change, including whether it was voluntary, foreseeable, or connected to retirement. Even retirement, which often results in reduced income, does not automatically end spousal support obligations.

Laura also explains that courts consider the history of the relationship, including its length and the roles each spouse played. If one spouse sacrificed career opportunities to support the household or raise children, their ability to become self-sufficient later in life may be limited. In those cases, ongoing support may still be seen as appropriate, even if the payor’s income has declined.

The discussion also highlights the value of review clauses in separation agreements. These clauses allow spouses to revisit spousal support at a predetermined time or upon specific financial changes, providing flexibility while avoiding future disputes. Without such provisions, parties must rely on the legal standard of material change to seek adjustments.

Finally, Laura emphasizes that spousal support is not gender-specific. Either spouse may be entitled to support if the legal criteria are met, reinforcing that the analysis is based on income disparity, need, and contributions made during the relationship.

Listen to the full NewsTalk 1010 segment here. 

This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media  archive.