- Remarrying or moving in does not by itself end spousal support: it depends first on the order or agreement, and the payor must apply to change or end support.
- Your order or written agreement comes first, because an agreement can say support changes or ends on cohabitation or a new relationship.
- If the paper says nothing, the payor must apply to change or end support, and stopping payments on their own builds up arrears that can still be enforced.
A common belief is that spousal support stops the day the person receiving it remarries or starts living with a new partner. If you pay support, that may feel like common sense. If you receive it, the idea may be a real worry.
In British Columbia, it does not work that way on its own. What happens depends on what your court order or separation agreement says, and if it says nothing, on an application to change the support. This article explains the steps in plain terms.
This article covers the law of British Columbia.
Support does not stop automatically
Unless your order or agreement says otherwise, the payor must apply to change or end support, under section 167 of the Family Law Act or section 17 of the Divorce Act.
Support is an obligation set by an order or agreement. Until a court or a new agreement changes it, it stays in force. A new relationship is a reason to look at the support again. It is not a switch that turns the payments off.
Start with your order or agreement
Whether a new relationship ends or reduces support depends first on the order or agreement. Under section 163 of the Family Law Act, an agreement can state when support changes or ends, for example on cohabitation or a new relationship.
A spouse can also release the other from support liability in an agreement, and a written agreement filed in court is enforceable as an order. One limit is worth knowing: a term saying a spouse must not have sexual relations after separation is not binding.
Some orders and agreements include a review clause. Under section 168, an agreement or order may provide for a review of spousal support, setting the timing, process, grounds and factors. On review, the court can confirm, set aside or end the support, or make a new order. The two-year limit for starting a spousal support proceeding under section 198 does not apply to these reviews.
If the paperwork is silent: applying to change support
If nothing in the order or agreement deals with a new relationship, the payor has to apply. Under section 167 of the Family Law Act, a court may change, suspend, or end a spousal support order or agreement, retroactively or prospectively, if the condition, means, needs or other circumstances of either spouse have changed since the order was made.
For divorced spouses with an order 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.
The Spousal Support Advisory Guidelines user's guide lists repartnering as a factor that can justify variation or review. It is a factor, not an automatic result. The court looks at the whole picture, such as whether the new relationship has changed the recipient's finances or needs.
| Situation | Where to look first | If it says nothing |
|---|---|---|
| Order or agreement mentions cohabitation or a new relationship | The wording of that term | Not applicable |
| Order or agreement has a review clause | Section 168 review terms | The review process in the clause, or a change application under section 167 or section 17 |
| Divorced spouses, order under the Divorce Act | The order itself | Apply under section 17 of the Divorce Act |
What the court does not focus on
Fault is generally irrelevant. Under section 166 of the Family Law Act, the court must not consider a spouse's misconduct, except conduct that arbitrarily or unreasonably causes, continues or worsens the need for support, or affects ability to pay. Under the Divorce Act, the court cannot consider misconduct of a spouse in relation to the marriage when making a spousal support order.
In practice, a payor's feelings about the new partner are not the issue. The question is whether circumstances and finances have changed in a way that affects the support.
Do not simply stop paying
A payor who stops paying before a court or agreement changes the support first builds up arrears, and those arrears remain enforceable. The Limitation Act does not apply to a claim for arrears of spousal support payable under a judgment, or under an agreement filed under section 148(2) or 163(3) of the Family Law Act, so the usual 2-year basic period does not bar those arrears.
A written support agreement filed in court can be enforced as an order, either through the BC Family Maintenance Agency or by court application.
On the other side, a court can order a change retroactively. An order can also cover periods before the application date. That is why delay on either side can matter, and why acting early is usually wiser than waiting and hoping.
Practical steps
- Read your order or agreement closely for terms about cohabitation, a new relationship, remarriage or review.
- Keep paying what the order or agreement requires until it is formally changed.
- Gather evidence of the new living arrangement, and of any change in income, expenses and needs on both sides.
- Try to agree on a written change, then have it filed in court so it can be enforced as an order.
- If you cannot agree, get legal advice on applying to change or end support under the correct law for your situation.
Every case depends on its facts, including the wording of the order and the circumstances of both people. A lawyer can read your documents and tell you which route fits.
Frequently asked questions
Does my spousal support end automatically if I remarry?
Neither the Family Law Act nor the Divorce Act provisions on spousal support end support automatically on remarriage. What applies to you depends first on your order or agreement, because an agreement can say support changes or ends on cohabitation or a new relationship. If it says nothing, the support stays in force until a court or a new agreement changes it.
Can my ex stop paying if I move in with a new partner?
That depends first on your agreement or order, because an agreement can say support changes or ends on cohabitation or a new relationship. If it says nothing on the point, the payor must apply to change or end support, and if they stop paying first, arrears build up and can still be enforced. Repartnering can be a factor in a variation or review, but the court looks at changes in condition, means, needs or other circumstances.
Can a change to support be backdated?
A court can order a change retroactively under section 167 of the Family Law Act or section 17 of the Divorce Act. Whether and how far back it goes depends on the facts, so it is worth getting advice early.
Can an agreement say support ends if I start a new relationship?
Under section 163 of the Family Law Act, an agreement can state when support changes or ends, for example on cohabitation or a new relationship. A term requiring a spouse to abstain from sexual relations after separation is not binding. Whether any other clause about a new relationship would hold up depends on its wording and your situation, so it is worth confirming with a lawyer.
Sources
- Family Law Act, s. 166 — bclaws.gov.bc.ca
- Divorce Act, s. 15.2(5) — Justice Laws (federal)
- 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
- Limitation Act, SBC 2012, c 13, s. 6(1) — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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