In re Marriage of Reynolds

In In re Marriage of Reynolds (1998) 63 Cal.App.4th 1373, the Court held "no one may be compelled to work after the usual retirement age of 65 in order to pay the same level of spousal support as when he was employed." ( Id. at p. 1378.) There, the court of appeal expressly stated that under the circumstances of a "bona fide," i.e. not premature, retirement, the supporting spouse should not be forced to continue working, and in such circumstances, the trial court may determine there has been a material change in circumstances to justify a modification of support. ( Id. at p. 1379.) It found the trial court abused its discretion when it failed to base its spousal support order on an examination of the material change in circumstances caused by the husband's timely retirement, but instead incorrectly applied a "capacity to earn" standard where there was no evidence the husband had any actual ability to work or had refused any real jobs. ( Id. at pp. 1378, 1379.)