Can Spousal Support Be Changed or Ended in Nova Scotia?

Life does not stand still after a support order or agreement is signed. A job ends, a health problem appears, retirement gets closer, or a new relationship begins. If you pay or receive spousal support, it is natural to ask whether the amount or the end date can change.

Whether an existing support order or agreement can be changed depends on your situation, so it is worth confirming with a lawyer. This article explains where these matters are heard, what the court looks at when it deals with spousal support, and how to prepare. It does not replace advice on your own situation.

This article covers the law of Nova Scotia.

Where support changes are dealt with

In Nova Scotia, divorces are heard in the Supreme Court of Nova Scotia (Family Division). Since January 1, 2022, family law matters in the province are handled under Rule 59 of the Civil Procedure Rules. The Family Division also hears child support, parenting arrangements and the division of matrimonial assets and debts.

Spousal support ordered on a divorce comes from the federal Divorce Act. Whether your situation is covered by the Divorce Act, a provincial statute, or a private separation agreement affects the route you take and the forms you use. A lawyer can confirm which applies to you.

What the court weighs on spousal support

When a court makes a spousal support order, it must consider the condition, means, needs and other circumstances of each spouse, including how long they lived together and the roles each performed. It does not consider misconduct by either spouse. That means an argument that the other person was to blame for the breakdown is not what drives the outcome.

The objectives behind an order are also useful background. A support order should recognize economic advantages or disadvantages from the marriage or its breakdown, apportion the financial consequences of child care, relieve economic hardship from the breakdown, and promote each spouse's economic self-sufficiency within a reasonable period.

The exact test for changing or ending an existing order, and what you must prove, depends on the order or agreement and should be confirmed with a lawyer before you act.

Common changes in circumstances

People most often raise the events listed below. How any one of them affects your order depends on your situation, so it is worth confirming with a lawyer before you act on it. How a court weighs a particular event can vary from case to case, so get advice on your own circumstances.

• Job loss or a drop in income for the payor.
• Illness or disability affecting either person's ability to earn.
• Retirement, especially when it was not anticipated when the order was made.
• A new relationship or remarriage of the recipient or the payor.
• The recipient becoming more self-sufficient than expected.

Courts look at the real financial picture, so the quality of your records often matters as much as the event itself.

Do not change payments on your own

If your order is enrolled with the Maintenance Enforcement Program (MEP), the payor sends money to MEP, which passes it on to the recipient. Enrolment is optional.

Because of this, paying less or stopping because your situation has changed can create arrears and enforcement steps. Talking with the other person, or with a lawyer, and getting any change recorded properly is generally safer than acting alone.

What to do next

• Find your order or separation agreement and read any clauses on review, end dates or changes.
• Gather income records, such as recent tax returns and pay information, for both you and, if you have them, the other person.
• Collect proof of the change, such as a layoff notice, medical documents or retirement details.
• Note whether the order is enrolled with MEP.
• Ask a lawyer which court process and forms apply to you.

Court-based options in the Family Division include conciliation, mediation through a neutral mediator who cannot make orders, and voluntary judge-led settlement conferences. If cost is a concern, Nova Scotia Legal Aid covers family matters under the Divorce Act, and an applicant may qualify if they receive certain social assistance benefits or if paying for a lawyer would cause undue financial hardship. If legal aid is refused, you can ask the Commission to review the decision in writing.

Frequently asked questions