- Remarriage or repartnering of a recipient is a complicating factor, not an automatic end to support, and under Alberta's Family Law Act a support agreement cannot vary an existing spousal or partner support order.
- Before varying spousal support under the Divorce Act, a court must be satisfied that the condition, means, needs or other circumstances of either former spouse have changed, and under the Family Law Act a change of that kind is the ground for varying, suspending or terminating support.
- Under the Family Law Act, others living with either person count as a household-contribution factor and as a possible change of circumstances.
You or your former partner has a new relationship, and now you are wondering what that means for spousal support. Maybe you are paying and think the payments should stop. Maybe you are receiving support and worry it will be cut off.
The short answer is that a new partner is not, by itself, an automatic off-switch. What happens depends on the wording of your order or agreement, the facts of the new relationship, and whether someone asks a court to change the order.
This article covers the law of Alberta.
No automatic end to support
Remarriage or repartnering of a recipient is treated as a complicating factor, not an automatic end to support. Under the Family Law Act, others living with either party count only as a household-contribution factor and as a possible change of circumstances.
That means a payer who stops paying on their own can fall into arrears. Support is generally collected by the Maintenance Enforcement Program unless the parties agree or the court orders otherwise. Under the Family Law Act, a support agreement cannot vary an existing spousal or partner support order, and a court can vary, suspend or terminate a support order where there is a change in the condition, means, needs or other circumstances of either party.
What a court looks at when you ask for a change
Under the Divorce Act, before varying a spousal support order the court must be satisfied that the condition, means, needs or other circumstances of either former spouse have changed since the order or last variation, and it must take that change into consideration. Under Alberta's Family Law Act, the ground for varying, suspending or terminating support is likewise a change in the condition, means, needs or other circumstances of either party.
The change must be substantial and continuing, and one that, if known at the time, would likely have resulted in a different order. The court should vary only as far as the change justifies and does not rehear the whole case.
A new partner can matter because it may affect finances. It is not decisive on its own. In one decision, a recipient's repartnering was found not to be a material change because it was foreseeable when the order was made.
Divorce Act orders and Family Law Act orders
Which law applies depends on your relationship. The Divorce Act covers married couples seeking a divorce, and a spouse includes a former spouse. Married spouses who are not seeking a divorce can still claim support under the Family Law Act, and unmarried partners cannot use the Divorce Act.
| Situation | Where a new partner fits |
|---|---|
| Divorce Act order | Court asks whether there is a change in condition, means, needs or circumstances since the order |
| Family Law Act order | Others living with either party count as a household-contribution factor and as a possible change of circumstances |
| Unmarried former partner | Support is under the Family Law Act, and a former adult interdependent partner is included |
The Family Law Act also says a support agreement cannot vary an existing spousal or partner support order. If an order is already in place, changing it generally means going back to court rather than relying only on a private agreement.
Agreements, consent orders and special clauses
Many orders come from a consent. Consent orders are assessed under the material change test, and specific finality clauses carry more weight than general ones. A change in the guideline outcome alone is not enough to vary a pre-guideline or non-guideline consent order.
- Read your order or agreement for any clause that mentions remarriage, cohabitation or review.
- Check whether support has a fixed end date, an indefinite term or a review date.
- Note whether the agreement says the amount is final.
- Remember that support under the Family Law Act ends on the recipient's death unless the court orders otherwise, and arrears owing before then are not affected.
What to do next
- Gather your order or agreement and any later changes.
- Write down when the new relationship began and how finances are shared.
- Collect recent income and expense records for yourself and, if you have them, for your former partner.
- Keep paying, or keep accepting payments, as ordered until the order changes.
- Speak to a lawyer about whether to negotiate a change or apply to the court.
A lawyer can read your actual order and tell you whether the new relationship is likely to matter.
Frequently asked questions
If I remarry, does my spousal support stop?
Not automatically. Remarriage or repartnering of a recipient is a complicating factor rather than an automatic end to support. Changing an existing order generally means applying to a court, because a support agreement cannot vary an existing order.
Can I stop paying if my ex moves in with someone?
How this applies depends on your order and your situation, so it is worth confirming with a lawyer before you change anything. A court can vary, suspend or end support if there has been a change in the condition, means, needs or other circumstances of either person.
Does living with a new partner count under the Family Law Act?
Yes, in a limited way. Others living with either party count as a factor about household contributions and as a possible change of circumstances. It is not an automatic termination.
Does the wording of my agreement matter?
Yes. Consent orders are assessed under the material change test, and specific finality clauses carry more weight than general ones. A lawyer can confirm how your wording is likely to be read.
Sources
- Divorce Act, s. 15.2(3) — Justice Laws (federal)
- Divorce Act, ss. 2(1), 3(1) — Justice Laws (federal)
- Divorce Act, s. 17(1) — Justice Laws (federal)
- Family Law Act, s. 62(2) — kings-printer.alberta.ca
- Alberta Court of Justice – Areas of Family Law — albertacourts.ca
- SSAG Revised User's Guide – Variation and Review (ch. 14) — justice.gc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
Ask our Team for a quote. We reply by email.