- A British Columbia court may change, suspend or end spousal support if the condition, means, needs or other circumstances of either spouse have changed since the order was made.
- Agreements can be harder to alter than orders, and a witnessed written agreement can be set aside only on specified grounds or if significantly unfair.
- Until a court or agreement changes the order, it stays in force.
Life rarely stays the same after separation. A job loss, a serious illness, a new income source or a retirement can leave a support order or agreement feeling out of step with reality, whether you pay or receive.
British Columbia law does allow support to be changed, but only in certain situations and through the right process. This article walks through the test, the difference between orders and agreements, and the evidence that usually matters.
This article covers the law of British Columbia.
The basic test: a change in circumstances
Under the Family Law Act, a court may change, suspend, or retroactively or prospectively end a spousal support order or agreement if a change in the condition, means, needs or other circumstances of either spouse has occurred since the order was made. The same section allows a change if new substantial evidence or nondisclosure is discovered.
For orders made under the Divorce Act, the court must be satisfied that a change in the condition, means, needs or other circumstances of either former spouse has occurred since the order was made. It can vary, rescind or suspend the order retroactively or prospectively.
The word "either" matters. The change can be on the payor's side or the recipient's side, and it can help or hurt your case depending on which direction it runs.
Orders, agreements and built-in reviews
Look first at what you already have. An agreement or order may provide for a review of spousal support, setting the timing, process, grounds and factors, and on review the court can confirm, set aside or end the support or make a new order.
An agreement can also say when support changes or ends, for example on cohabitation or a new relationship, and a written agreement filed in court is enforceable as an order. A witnessed written agreement can be set aside or replaced in whole or part only on specified grounds, such as nondisclosure of income, property or debts, taking advantage of vulnerability, or lack of understanding, or if it is significantly unfair.
| Situation | What generally applies |
|---|---|
| Court order, no review clause | Application based on a change in circumstances |
| Order or agreement with a review clause | Review under its terms; court can confirm, end or make a new order |
| Witnessed written agreement | Set aside or replaced only on specified grounds or if significantly unfair |
| Fixed term has expired | Support resumes only on showing economic hardship from changed circumstances that likely would have led to a different order |
Common changes people raise
Whether a given event is enough depends on the facts. Examples people often raise include a significant drop or rise in income, an illness or disability, a retirement, or a new relationship. Repartnering is listed in the Spousal Support Advisory Guidelines user's guide as a factor that can justify variation or review, but neither statute ends support automatically, and the payor must apply.
Retirement is also recognized as a ground for variation or review there. Where pension benefits begin and the order or agreement is silent on review, a court may confirm, change or end support on application.
Process and evidence
You make an application to the court, or you and your former spouse agree on a change in writing. While an application is underway, the Family Law Act lets a court make an interim order, and a party can ask to change an interim order on a change in circumstances or substantial new evidence. Under the Divorce Act, a court may also make an interim support order while an application is pending.
Courts decide on financial evidence, so complete disclosure matters. Useful items include:
- Your current order or agreement and any earlier orders.
- Recent tax returns and notices of assessment.
- Pay stubs, termination letters or business financial statements.
- Medical documents showing how a health change affects your ability to work.
- Pension statements and budgets showing needs and means.
The court looks at each spouse's condition, means, needs and other circumstances, including how long you lived together, what each of you did during the relationship, and any agreement or order about support.
What to do next
- Keep paying or following the order until it is formally changed, because it stays in force.
- Check your document for review dates or termination wording.
- Start collecting financial and medical records now.
- Raise the change in writing with your former spouse and ask whether they will agree.
- Get legal advice before applying, especially if you have a signed agreement.
- Ask an accountant how a changed amount affects tax reporting.
Frequently asked questions
Can a court change support retroactively?
Yes, a court can change an order retroactively or prospectively. The order stays in force until it is changed, so unpaid amounts can still become arrears.
Can I change a signed agreement?
A witnessed written agreement can be set aside or replaced only on specified grounds or if significantly unfair. The agreement may also have its own review or change terms.
Is there a time limit for a review?
The two-year limit on starting a spousal support proceeding does not apply to reviews under sections 168 or 169 of the Family Law Act. Other applications may be treated differently, so confirm your timing.
Can support be set while the case is pending?
A court may make an interim order on any application under the Family Law Act, following as far as practicable the requirements for a final order. Divorce Act applications have a similar interim power.
Sources
- Family Law Act, s. 162 — bclaws.gov.bc.ca
- Divorce Act, s. 17(1), 17(4.1) — Justice Laws (federal)
- Department of Justice Canada – SSAG Revised User's Guide (2016) — justice.gc.ca
- Family Law Act, s. 198(4)-(5) — bclaws.gov.bc.ca
- Divorce Act, s. 15.2(2) — Justice Laws (federal)
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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