From a California lawyer's website: Some recent appellate decisions have held that there is an absolute right for a supporting spouse to retire at age 65. The supporting party's retirement may therefore be a sufficient basis to warrant a termination of support. However, in cases where the supporting spouse elects to take an early retirement and his or her ability, and the opportunity, to continue working exist, the court may properly deny a spousal support modification request.
Modification of Support for Cohabitation and Remarriage
Can't vouch for accuracy or applicability, but it makes logical sense, at least with respect to early retiremen. 
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Do not rely on the information provided--my posts are not to be taken as legal advice. Needless to say you must consult with your legal representative. I am not responsible for errors. If I offended you with cya I apologize. If I did not, I tried.
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