Spousal support is meant to provide financial help to a spouse after separation or divorce. However, the amount or length of support may change over time. In British Columbia (BC), spousal support may be changed, reduced, paused, or ended if circumstances change. It can increase or decrease depending on which spouse’s circumstances have shifted.
The rules are different for a court order and a separation agreement. Understanding these rules can help you know what options you may have.
Can Spousal Support be Changed in BC?
Yes. Under BC’s Family Law Act, a court can change, pause, or end a spousal support order if circumstances have changed since the order was made. For example, if there is a change in a person’s income level, then the amount paid for spousal support can change. A change in either spouse’s financial situation may affect support payments.
The court can also look at important evidence that wasn’t available when the original order was made, or find out that one spouse didn’t fully share their financial information.
The Court generally requires this to be a “material change”, meaning it must significantly alter one spouse’s financial circumstances in a way that wasn’t foreseeable when the original order or agreement was made. A change that was already expected, such as a planned retirement, is unlikely on its own to justify a variation.
What Constitutes a Material Change in Circumstances?
The situations that most commonly lead to a change in spousal support include:
On the paying spouse’s side:
- Job loss or a significant drop in income
- Retirement, especially if unplanned or unavoidable
- Health issues that reduce earning capacity
- Business downturns or insolvency
On the receiving spouse’s side:
- An increase in income or financial resources (new job, inheritance, or property settlement)
- Remarriage or entering a new common-law relationship, which can reduce financial need
- A drop in financial needs or expenses, such as children becoming financially independent
Other factors:
- Changes in parenting or custody arrangements that affect financial obligations
- In some cases, cost-of-living or inflation changes
When Can Spousal Support be Reduced?
The reduction in spousal support is possible. For example, if the income level of the person paying support significantly drops and the spouse receiving support has a better financial situation, in this case the support may be reduced. However, a change in income does not automatically mean support will be reduced. The court will consider both spouses’ situations before deciding whether to change the support amount.
What If One Spouse Does Not Agree?
If the spouses cannot agree, the person seeking to change or end support may need to apply to the court. Under section 167 of the Family Law Act, the court will usually require proof that there has been a significant change in either spouse’s financial situation, needs, or circumstances. You may need to provide documents such as updated income, employment, or financial records to support your request.
Can Spousal Support Be Cancelled Entirely?
Yes, in some situations. Spousal support may end if the receiving spouse becomes financially independent, the paying spouse can no longer afford to pay, or the original agreement or court order included an end date.
However, support does not automatically end just because time has passed or one spouse wants to stop paying. It usually continues until both spouses agree in writing or a court changes or ends the support order.
The Process for Requesting a Change
If you and your ex-spouse can agree that a change is warranted, the simplest route is to formalize it in writing, ideally with legal advice on both sides so the new agreement is enforceable and properly reflects both parties’ interests.
If you can’t agree, the next step is usually a court application to vary the existing order or agreement. This typically involves:
- Gathering evidence of the material change (pay stubs, termination letters, medical documentation, proof of a new relationship, etc.)
- Filing the appropriate application with the BC courts
- Going to a hearing where a judge decides whether the change meets the legal test, and if it does, what the new support amount or length should be A family lawyer can help you prepare a strong application, save time, and reduce the risk of it being rejected.
Conclusion
Spousal support always has an end date, but you cannot stop or change it by your own wish. There has to be a real and significant change in circumstances, and you need solid proof of that change. In many cases, you will also need to go to court and make your case. If you want to stop or reduce support due to your weak financial situation, contact CityLaw Group now. Our experienced family lawyers in surrey BC can help you understand your options and build a strong case for your situation.
