Can Spousal Support Be Changed?
FAQs
Can Spousal Support Be Changed?
Yes, spousal support can be changed in British Columbia if there is a material change in circumstances. This applies to both increases and decreases in spousal support payments. A material change must significantly alter the financial circumstances of either party in a way that was unforeseen at the time the original agreement or court order was made.
What Constitutes a Material Change in Circumstances?
Payor’s Financial Situation Changes
- Job loss or significant reduction in income
- Retirement, particularly if it was unplanned or unavoidable
- Health issues that reduce earning capacity
- Business downturns or insolvency
Recipient’s Financial Situation Changes
- Increase in the recipient’s income or financial resources (e.g., through a new job, inheritance, or property settlement)
- Recipient remarries or enters a new common-law relationship, reducing their financial need
- Significant reduction in the recipient’s financial needs or expenses (e.g., children becoming independent)
Changes in Parenting Responsibilities
- Shifts in child custody or care arrangements that impact financial obligations
Cost of Living Adjustments
- In some cases, inflation or changes in the cost of living may justify modifying spousal support.
How to Modify Spousal Support
Negotiate with the Other Party
- If both parties agree to a change, they can revise the terms of the spousal support agreement. Ensure the updated agreement is formalized and legally binding.
Apply to Court for a Variation Order
- If no agreement is reached, you can apply to the court to modify or terminate spousal support.
- The court will assess whether the change is significant enough to warrant an adjustment and whether the existing order or agreement is still fair.
Prove the Material Change
- The burden of proof lies with the party seeking the modification. You must provide evidence of the change, such as:
- Financial statements
- Employment or medical records
- Tax returns or pay stubs
Limits on Changing Spousal Support
- Anticipated Changes: Courts are unlikely to modify support if the change was foreseeable at the time of the original order (e.g., a planned retirement).
- Lump-Sum Payments: Lump-sum spousal support payments are generally not modifiable because they are considered final.
- Terms of the Original Agreement: Some agreements may include clauses that limit or exclude future modifications.
Example in a Vancouver Context
A spouse paying spousal support in Vancouver experiences a significant income drop due to the closure of their business. They apply to the BC Supreme Court to reduce their support obligations. The court reviews financial evidence and grants a reduction, acknowledging the material change in the payor's financial circumstances.
Seek Legal Assistance
If your financial situation has changed and you need to modify spousal support, Mills Family Law, experienced Vancouver family lawyers, can provide advice and representation. We can help ensure your spousal support arrangement remains fair and manageable. Call us at 778-945-3003 or fill out our web form to get started today.
Related FAQs
For more information, refer to the Family Law Act of BC or the Divorce Act.
