Does Spousal Support Continue if the Recipient Becomes Sick or Disabled in Ontario?

Spousal support does not automatically stop or rise when you become ill or disabled, but a serious health change can be a reason to ask a court to look at it again. Illness and disability are recognized grounds for going outside the Spousal Support Advisory Guideline ranges.

To change an existing order, the court must be satisfied that either former spouse's circumstances have changed since the order or the last variation. A court can vary, rescind or suspend support, either for the past or going forward. A review is different from a variation: a variation requires a material change in circumstances, while a review is more like an initial application. If an order was for a definite period or until a specified event, resuming it later requires that a variation be needed to relieve economic hardship from a related change and that the changed circumstances would likely have produced a different original order.

Ability to pay matters too, because the court considers each spouse's means and needs, and a zero guideline range may reflect a current inability to pay rather than no entitlement. Whether illness changes support depends on the facts, and a lawyer can confirm your options.