Does remarrying or living with a new partner end spousal support in Manitoba?
This answer covers the law of Manitoba.
It depends on your circumstances and on any agreement you signed. Under The Family Law Act, a support order can be varied, suspended or terminated when there is a change in circumstances, but how a new relationship affects your situation depends on the details, so it is worth confirming with a lawyer. Payments do not change on their own: reducing payments or cancelling arrears needs a variation application to a judge, with notice to the recipient.
Under The Family Law Act the court considers financial means and earning capacity, needs, steps toward independence, and earlier orders and agreements. Under the Divorce Act it considers each spouse's condition, means and needs, and one objective is promoting economic self-sufficiency within a reasonable period. Neither statute fixes how long support lasts, and misconduct is not considered.
If you signed a written agreement releasing support, a court generally cannot order support for that spouse, unless there was default, support was inadequate when the agreement was made, or the person now needs public assistance. If support is enforced through the Maintenance Enforcement Program, payments are monitored and arrears acted on, so talk to a lawyer before you stop paying or expect to stop receiving.
Key takeaways
- Under The Family Law Act, a support order can be varied, suspended or terminated when there is a change in circumstances.
- Reducing payments or cancelling arrears requires a variation application to a judge, with notice to the recipient.
- Neither the Family Law Act nor the Divorce Act fixes how long spousal support lasts.
- A written release of support can limit what a court may order, with some exceptions.