What happens to spousal support if the person paying becomes seriously ill and cannot work?

A serious illness that prevents the paying spouse from working can constitute a material change in circumstances, allowing them to apply to reduce or terminate spousal support. Courts will weigh the payor's inability to earn against the recipient's ongoing need — and will not leave the recipient in hardship simply because the payor's situation has changed.

The court will look at what income the ill payor still has: disability insurance, CPP Disability, investment income, or assets that could generate income. If the payor genuinely has no income and limited assets, the court may suspend or significantly reduce payments. If the payor has substantial assets or income from other sources, the obligation may not change much.

Courts balance the hardship on both sides. They will not ignore the recipient's need just because the payor is struggling, but they are also realistic about what the payor can pay when health genuinely limits their capacity to earn. An ill payor should act quickly: file a variation application and provide full medical and financial evidence. Waiting and simply stopping payments creates arrears that are enforceable even during illness.