- A 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.
- Your order stays in force until a court or agreement changes it, so do not stop paying on your own.
- Agreements and orders can be treated differently, so start by checking what yours says.
A job loss, a serious illness or a big change in income can make an existing spousal support order or agreement unworkable for the payor, or inadequate for the recipient. The law allows for change, but you have to use the proper route.
This article explains the test for changing support in British Columbia and the general steps involved.
This article covers the law of British Columbia.
The change in circumstances test
Under the Family Law Act, a court may change, suspend, or retroactively or prospectively end a spousal support order or agreement. It can do so if there has been a change in the condition, means, needs or other circumstances of either spouse since the order was made, or 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. Unmarried partners in BC claim spousal support under the Family Law Act, not the Divorce Act.
Whether a job loss, illness or shift in income counts as that kind of change depends on your situation, so it is worth confirming with a lawyer.
Orders versus agreements
Check what your document says first. Whether a new relationship or other event ends or reduces support depends first on the order or agreement. An agreement can state when support changes or ends, and a written agreement filed in court is enforceable as an order.
A witnessed written agreement can be set aside or replaced 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. An order or agreement may also provide for a review and set the timing, process, grounds and factors.
| Situation | What generally applies |
|---|---|
| Court order | Apply to a court to change, suspend or end it |
| Agreement with review term | Follow the review process it sets |
| Fixed-term order that has expired | Support can resume only if the applicant shows economic hardship from changed circumstances that would likely have led to a different order |
Steps to apply
- Collect the order or agreement and read any review, change or termination terms.
- Gather proof of the change, such as a termination notice, medical records, or tax and pay records.
- Try to reach a written agreement with the other person; one filed in court is enforceable as an order.
- If you cannot agree, apply to the court to change the order. A court may make an interim order on any application under the Family Law Act, and a party can ask to change an interim order on a change in circumstances or substantial new evidence.
- Keep paying as ordered while you wait.
A court can order a change retroactively, but the order stays in force until changed by a court or agreement. A payor who stops paying first accrues arrears that remain enforceable.
Time limits and enforcement
A spousal support proceeding must generally be started within 2 years after the date a divorce judgment is made (or a marriage is declared a nullity) for married spouses, or within 2 years after the date of separation for spouses in a marriage-like relationship. That limit is paused while the spouses are in family dispute resolution with a professional or in a prescribed process, and it does not apply to reviews of spousal support under sections 168 or 169. Acting promptly is still sensible, because it keeps your evidence fresh.
If a recipient is owed money under an order or filed agreement, enforcement can be through the BC Family Maintenance Agency or by court application. An order may also cover periods before the application date.
What to do next
- Do not stop or reduce payments without a written agreement or court order.
- Write down the date and nature of the change and keep supporting documents.
- Check tax reporting if support amounts change, since only support under a court order or written agreement follows the usual tax rules.
- Speak with a lawyer about whether your change is likely to meet the test and which process fits your situation.
Frequently asked questions
Is a job loss enough to reduce spousal support?
It can be a change in means or circumstances, which is what the test looks at. Whether it leads to a change depends on the facts, so get advice.
Can I stop paying while my application is pending?
No. The order stays in force until changed, and unpaid amounts become arrears that remain enforceable.
Can a recipient ask for more support after a change?
Yes. The test looks at a change in the circumstances of either spouse.
Is there a deadline to ask for a review?
The 2-year limits for starting spousal support proceedings do not apply to reviews under sections 168 or 169. Other applications can raise different timing issues, so confirm with a lawyer.
Sources
- Divorce Act, RSC 1985, c 3 (2nd Supp), s. 2(1) — Justice Laws (federal)
- Family Law Act, s. 168 — 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(2) — bclaws.gov.bc.ca
- CRA – Support payments — canada.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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