In Re Marriage of Reynolds

1. Introduction

Following the dissolution of his 37-year marriage to Polly Reynolds (Wife), A. Gordon Reynolds, M.D. (Husband), appeals from an order granting his motion to reduce or terminate spousal support. The motion was based on the premise that Husband’s termination from employment and his subsequent decision to retire at age 67 constituted a change in circumstances justifying either reduction or termination of support.

Although the superior court made an order reducing the amount of monthly spousal support from $5,500 to $3,500, Husband contends that the record does not support the court’s findings that Husband has a monthly income of $5,000. Additionally, Husband argues that the trial court’s order would improperly require him to liquidate or invade his retirement assets in order to pay support.

As we explain below, we agree that the superior court abused its discretion in making a spousal support order of $3,500. We reverse and remand for further proceedings consistent with this opinion.

2. Facts

Husband and Wife were married in 1948. They legally separated in 1985. According to the marriage settlement agreement, which was part of the final judgment entered…