- A review is much more like an initial application for support than a variation is, and the SSAG apply on review.
- An order or agreement may set a review date or already address events such as remarriage or retirement.
- A review order can limit the issues under review, so the exact wording of your clause matters.
- Reaching the review date does not guarantee a change in the amount.
Many spousal support orders and separation agreements include a review date or a review clause. It is a built-in point where the amount or the need for support can be looked at again.
If your order or agreement has one, this article explains in plain terms what a review generally involves, how it differs from a variation, and what to prepare. Your own wording controls, so have a lawyer read it.
What a review clause is
A review clause sets a time or an event at which the parties can revisit support. Ontario.ca notes that an agreement or order may already address remarriage or retirement or set a review date. Some orders add a review term because the future is uncertain, for example when a payor's income drop may not be permanent.
It is also worth knowing that indefinite support is not necessarily permanent support. Indefinite orders remain subject to variation and review.
Review versus variation
These two words are often used loosely, but the SSAG guide treats them differently. A variation is neither an appeal nor a hearing de novo, which means it is not a fresh start on the whole case. A review is much more like an initial application for support, and the SSAG apply on review.
| Variation | Review | |
|---|---|---|
| What it is | Neither an appeal nor a hearing de novo | Much more like an initial application for support |
| Threshold | A material change in circumstances | Triggered by the review date or term in the order or agreement |
| Scope | Focus on what the original order contemplated | A review order can limit the issues under review |
| SSAG | Used as a guide where relevant | Apply on review |
Under the Divorce Act, a variation requires a change in the condition, means, needs or other circumstances of either former spouse. How a review works under the Family Law Act can depend on the wording of the order or agreement, so check with a lawyer.
What the review may look at
Because a review resembles a new application, expect questions similar to those in an original claim. Ontario.ca lists factors that affect the amount, including a large income difference, children and who cares for them, ages, roles in the relationship, mental and physical health, and ability to support oneself.
Ontario.ca also lists triggers for reviewing support: changes in income, the recipient becoming self-sufficient, the recipient remarrying, and changes in child arrangements. Under the SSAG, entitlement is not decided by the formulas. It must be proven or agreed first.
- Factors that push an amount higher in the SSAG range include depth of need, a strong compensatory claim, the recipient's retraining or education, and high medical costs.
- Factors that push it lower include a weak compensatory claim, a large property settlement, the recipient's ability to earn more, and the recipient's repartnering.
- The guide cautions that the midpoint should not be treated as the default.
A review does not guarantee a change. The amount can stay the same, go up, go down, or end, depending on the facts and the wording of the order or agreement.
Taxes and enforcement after a review
Spousal support is generally deductible by the payer and taxable to the recipient for orders or agreements made after April 1997, if the order or agreement clearly states the amount and all child support for the current and previous years is fully paid. Ask an accountant how a changed amount affects your tax position.
Only a court can change a support order, not FRO. After an order changes, send the new order to FRO through FRO Online, by fax or by mail.
What to do next
If you want to ask for a change, the process depends on whether the other side agrees. By consent, file a consent motion to change (Form 15C) with a financial statement (Form 13), a Certificate of Financial Disclosure (Form 13A), Form 14B and a draft order (Form 25). If the other party disagrees, file a motion to change (Form 15) with Forms 13, 13A and 25.
- Find the exact review wording in your order or agreement, including any date, trigger or limit on issues.
- Note the date of the review and any notice steps the clause requires.
- Gather recent income documents for both of you, if you have them.
- List what has changed since the order or agreement: income, health, children, living arrangements, remarriage or retirement.
- Write down your monthly expenses and any plans for retraining or work.
- Speak with a family lawyer before the review date approaches.
Frequently asked questions
Does a review date mean my support will change?
No. It means the issue can be looked at again. The outcome depends on the facts, the wording of your order or agreement, and the factors a court weighs.
Is a review the same as a variation?
Not quite. A variation is neither an appeal nor a hearing de novo, while a review is much more like an initial application for support. A review order can also limit the issues under review.
Do the Spousal Support Advisory Guidelines apply on a review?
Yes, the SSAG apply on review. They are not law, but judges often base decisions on them.
Who do I file with if we agree on a new amount?
For a court order, you can file a consent motion to change (Form 15C) with the supporting forms. For a domestic contract, the parties negotiate a new contract and file it with the court with Form 26B before sending it to FRO.
Sources
- Ontario.ca – Spousal support — ontario.ca
- Justice Canada – SSAG — canada.justice.gc.ca
- SSAG Revised User's Guide – Entitlement — canada.justice.gc.ca
- SSAG Revised User's Guide – Without Child Support Formula — canada.justice.gc.ca
- SSAG Revised User's Guide – Choosing Location Within the Range — canada.justice.gc.ca
- SSAG Revised User's Guide – Variation and Review — canada.justice.gc.ca
- Divorce Act (Justice Laws) — Justice Laws (federal)
- SSAG Revised User's Guide – Changing Incomes — canada.justice.gc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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