Can Spousal Support Be Increased, Reduced or Ended in BC if Circumstances Change?
This answer covers the law of British Columbia.
Yes, it can. In BC, a court may change, suspend, or retroactively or prospectively end a spousal support order or agreement if the condition, means, needs or other circumstances of either spouse have changed since the order was made. The same is true of an order made under the Divorce Act, where the court must be satisfied that such a change has occurred.
Job loss, illness or a raise may affect a spouse's means or needs, but whether it justifies a change depends on your facts. Your agreement may say when support changes or ends, for example on a new relationship. Whether a new partner or remarriage ends or reduces support depends first on your order or agreement; otherwise the payor must apply to change or end it. Retirement is a recognized ground for variation or review.
Until a court or agreement changes it, the order stays in force, and a payor who simply stops paying builds up arrears that remain enforceable. Some orders also include a review, and reviews are not subject to the 2-year limit that applies to starting a claim. A lawyer can confirm how these rules apply to your order.
Key takeaways
- A BC court can change, suspend or end spousal support if either spouse's condition, means, needs or other circumstances have changed since the order was made, or if new substantial evidence or nondisclosure is discovered.
- Under the Divorce Act, the court must be satisfied that a change in either former spouse's circumstances has occurred since the order was made.
- Whether remarriage or moving in with a new partner ends support depends first on your order or agreement; otherwise the payor must apply to change or end it.
- Stopping payments before a court or agreement changes the order leaves arrears that remain enforceable.