What Happens if Your Ex Stops Paying Spousal Support in BC?

When spousal support stops arriving, the first reaction is often worry about rent, bills and what to do next. The good news is that a court order or filed agreement is not just a request, and there are formal ways to pursue what is owed.

This article explains the basic enforcement routes in British Columbia, what arrears are, and how a payor's claim of changed circumstances fits in. The right step depends on whether you have an order or an agreement and whether it was filed, so a lawyer can confirm your options.

This article covers the law of British Columbia.

Support does not end just because payments stop

A spousal support order stays in force until it is changed by a court or by agreement. A payor who stops paying first accrues arrears, and those arrears remain enforceable.

Neither the Family Law Act nor the Divorce Act provisions on support end support automatically on remarriage or moving in with someone. The payor must apply to change or end support. Whether a new relationship reduces support depends first on the order or agreement itself, since an agreement can say when support changes or ends.

Ways to enforce an order or agreement

A written support agreement that has been filed in court can be enforced as an order. Enforcement can go through the BC Family Maintenance Agency or by court application.

Which collection steps are available, and any thresholds before they apply, are details worth confirming directly with the agency or a lawyer for your situation.

Arrears and time limits

Arrears are the unpaid support that has already come due. Under the Limitation Act, the basic rule is that a proceeding must not be started more than 2 years after the claim is discovered. However, 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 those arrears are not barred by the basic 2-year period.

If you do not yet have an order, the time limit depends on which law your claim falls under. A spousal support proceeding under the Family Law Act must be started within 2 years after the date a judgment granting a divorce is made (or an order declaring the marriage a nullity) for married spouses, and within 2 years after the date of separation for spouses in a marriage-like relationship. That period pauses while the spouses are in family dispute resolution with a professional or in a prescribed process, and the limits do not apply to reviews of spousal support under sections 168 or 169. The Divorce Act, section 15.2, contains no time limit for a married or formerly married spouse to apply for spousal support. How this applies to you depends on your situation, so it is worth confirming with a lawyer.

What a court order can include

An order under the Family Law Act may require periodic or lump-sum payments, cover periods before the application date, secure payment against property, require life insurance designations, and continue after death as a debt of the estate.

Before support continues after the payor's death, the court must find ongoing significant need, sufficient estate assets, and that no other practical means exist to meet the need. These options are worth raising with a lawyer if non-payment is a pattern and you are concerned about security.

If your ex says they cannot pay

A payor who has lost income or retired may have grounds to seek a change. A court may change, suspend, or retroactively or prospectively end an order or agreement if there has been a change in the condition, means, needs or other circumstances of either spouse, or if new substantial evidence or nondisclosure is discovered. Retirement is also recognized as a ground for variation or review, and an indefinite order may be time-limited or ended on review if the recipient has not made reasonable efforts toward self-sufficiency. How this applies to your order or agreement depends on the facts.

Changes can be made retroactively, but the order stays in force until a court or agreement changes it. If a fixed-term order has expired, support can resume only if the applicant shows economic hardship arising from changed circumstances that would likely have led to a different order.

• Keep a dated record of every missed or partial payment.
• Keep copies of your order or agreement and any filing stamps.
• Save messages in which your ex explains why they stopped paying.
• Note any changes you know of in their job, income or living situation.
• Contact the BC Family Maintenance Agency if your agreement is filed, or speak to a lawyer about a court application.
• Do not agree informally to accept less without understanding how it affects your order.

Frequently asked questions