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№ 77 Family Law

Can Spousal Support Change if Your Circumstances Change in British Columbia?

How to change spousal support in British Columbia after a job loss, illness or income change: the change in circumstances test and the steps to apply.

Family Law4 min readTSLBy the Treadstone Law Team · British ColumbiaUpdated November 13, 2026
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Key takeaways
  • 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.

SituationWhat generally applies
Court orderApply to a court to change, suspend or end it
Agreement with review termFollow the review process it sets
Fixed-term order that has expiredSupport can resume only if the applicant shows economic hardship from changed circumstances that would likely have led to a different order

Steps to apply

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

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

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. British Columbia laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in British Columbia. Reach us at 1-844-900-1070 or send our Team a message.

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