In October 2018, I wrote a blog about financial disclosure, in which I discussed the importance of exchanging financial disclosure when negotiating a Separation Agreement in Family Law cases. The focus of that blog was drawing our readers’ attention to the risks of entering an Agreement without first exchanging financial disclosure.

One of the most contentious issues in a Family Law case can be the determination of the issues relating to the children. When parents cannot agree about what parenting arrangements are in their children’s best interests, they often turn to the Court for a resolution.

The short answer to the title question of this blog, as with most legal issues, is “it depends”.

This question was most recently considered by the Court of Appeal in their decision in Savage v. Savage, released December 13, 2019. In the Savagecase, the trial judge found that the spousal support payor’s retirement from his teaching career at the age of 57 was a material change in circumstances and terminated spousal support.