If you’re paying or receiving spousal support in Canada, especially after retirement, one of the most important cases to understand is Boston v. Boston, [2001] 2 S.C.R. 413 (SCC). This landmark decision from the Supreme Court of Canada addresses how retirement and pension income affect ongoing spousal support obligations.
Whether you’re a family law lawyer, a divorced retiree, or someone nearing retirement, this case has major implications. Below, we break down the key takeaways from the decision, how courts apply it today, and what you need to know if you’re dealing with a variation of spousal support.
Case Summary: Boston v. Boston
In Boston v. Boston, the Supreme Court considered whether it was fair for a retired husband to continue paying the same amount of spousal support to his ex-wife after retirement, especially when his pension income was already divided with her at the time of divorce.
The husband’s pension had been equalized during property division, meaning the wife already received her share of the pension. Later, when he retired and began drawing from that pension, he argued it was unfair to pay ongoing spousal support from the same income that had already been split.
Key Legal Issues
- Double Dipping:
The Court addressed the concept of “double dipping”, which occurs when a spouse receives both:- A share of the other spouse’s pension as part of property division, and
- Spousal support paid from that same pension income.
- Change in Circumstances:
The Court also analyzed whether the husband’s retirement constituted a material change in circumstances that justified reducing or terminating spousal support.
Supreme Court’s Ruling
The Supreme Court ruled in favor of the husband. It found:
- Double dipping is generally unfair unless the recipient spouse is in need and has no other reasonable income sources.
- Once a pension has been equalized as part of the property division, it should not also serve as a basis for ongoing support—unless doing so would lead to hardship.
- The husband’s retirement was a material change that warranted a reduction in spousal support.
Key Takeaways for Retired Spousal Support Payors
- Pension Division Limits Support Obligations
If your pension was equalized during the divorce, the courts may consider that income “off-limits” for support unless your ex-spouse can prove financial need. - Retirement Can Be a Valid Reason to Vary Support
Retirement is generally accepted as a material change in circumstances, but only if it is reasonable and in good faith (not used to avoid support). - Double Dipping Should Be Avoided
Courts aim to prevent a payor from having to “pay twice” on the same pension income—once through property division and again through support.
How Boston v. Boston Affects You Today
Family courts across Canada continue to apply Boston v. Boston when reviewing spousal support after retirement. Judges look closely at:
- Whether pension income was previously divided;
- The financial need of the support recipient;
- The timing and voluntariness of the retirement.
If you are considering retirement, or if you’ve already retired and your support payments feel unfair, this case provides a strong basis for variation—especially if your former spouse already received a portion of your pension.
Conclusion
Boston v. Boston remains one of the most influential Canadian family law decisions on spousal support and retirement. It protects payors from unfair financial burdens in their later years while recognizing that genuine financial need still matters.
If you are navigating spousal support after retirement, consult a family lawyer who can help assess your case using the principles from this decision.
Need Help With Spousal Support After Retirement?
This blog post is for informational purposes only. At Kraljevic Law we assist clients across Ontario and Canada in seeking fair support arrangements. If you’re retired or planning retirement and need guidance, it is best to speak to a family lawyer. Ana Kraljevic is a skilled lawyer who has represented many clients in family cases. Kraljevic Law is based in Etobicoke but we help individuals all across Ontario. Fill out our contact form should you have any questions.