Can spousal support be changed after the court has ordered it?
Yes, spousal support orders can be changed, but the person asking for the change must show there has been a "material change in circumstances" since the original order was made. Under the Divorce Act and the Family Law Act, a material change is one that, if it had been known at the time, would likely have resulted in a different order.
Common examples of material changes include a significant increase or decrease in either spouse's income, retirement, a serious health issue, the recipient remarrying or entering a new cohabiting relationship, the recipient becoming self-sufficient, or the passage of a fixed end date in the original order.
To vary an order, you apply to the court and present evidence of the change. You can also agree to a variation in writing — a consent variation order — which then becomes enforceable. Courts will not simply reconsider an order because one party is unhappy with it; there must be a genuine, significant change. Documenting changes carefully from the moment they occur gives you the best foundation for a successful variation application.
Key takeaways
- A "material change in circumstances" is required to vary a support order.
- Income changes, retirement, remarriage, and self-sufficiency are common triggers.
- Variations can be made by court order or written consent agreement.
- Document changes promptly to build a strong variation case.