Changing Spousal Support

Spousal support can be changed when there has been a material change in circumstances since the order or agreement was made. A material change is a significant change that was not anticipated at the time of the original order. Common grounds for a material change include: a significant increase or decrease in either spouse's income; the recipient becoming self-sufficient or making significant progress toward self-sufficiency; the recipient entering a new relationship or remarrying; the payor retiring; a serious illness or disability affecting either spouse; and the expiry of a time-limited order. Not every change qualifies — the change must be significant and not anticipated.

The recipient's remarriage or entry into a new cohabiting relationship is a common ground for reducing or terminating spousal support. Remarriage does not automatically terminate support — the court will consider the financial impact of the new relationship on the recipient's needs. If the recipient's new partner is supporting them financially, the need for spousal support may be reduced or eliminated. If the new relationship ends, support may be reinstated. The payor's remarriage or new relationship generally does not reduce their obligation to pay support, though it may be relevant to a claim of undue hardship.

A payor's retirement is a significant change that can justify a reduction or termination of spousal support. Courts consider whether the retirement is reasonable given the payor's age and health, whether the payor has pension income or other assets that can support continued payments, and the recipient's financial situation. A payor who retires early specifically to reduce support obligations may not get the reduction they are seeking. Courts look at the overall financial picture of both spouses at retirement, including pension entitlements, RRSPs, and other assets accumulated during the marriage.

Many spousal support orders include a review provision — a date at which either party can ask the court to review the amount and duration of support without having to establish a material change. Review orders are common when the recipient is expected to become more self-sufficient over time (for example, after completing retraining or returning to the workforce). At the review, the court will assess the recipient's actual progress toward self-sufficiency and adjust support accordingly. A recipient who has not made reasonable efforts toward self-sufficiency may find their support reduced even if they have not yet achieved full self-sufficiency.

Time-limited spousal support orders expire automatically at the end of the specified period. However, the recipient can bring a motion to extend support before the order expires if their circumstances have not improved as anticipated. Courts will consider whether the recipient has made reasonable efforts toward self-sufficiency, whether there are circumstances beyond their control that have prevented self-sufficiency (illness, disability, a difficult job market), and whether the original order adequately addressed the compensatory basis for support. Extensions are not automatic — the recipient must establish that continued support is justified.

To change a spousal support order, you can either reach an agreement with the other spouse and file a consent order, or bring a Motion to Change in family court. A Motion to Change requires you to file a Notice of Motion to Change, an affidavit setting out the material change in circumstances, and updated financial disclosure. The other spouse will have an opportunity to respond. If the change is agreed to, it can be made by consent without a hearing. If it is contested, a judge will decide. In urgent situations — for example, if the payor has lost their job and genuinely cannot pay — the court can make a temporary order quickly.