How Can I Stop Paying Spousal Support in BC? A BC Family Lawyer Can Help!
If you want to stop paying spousal support in BC, you would be fighting an uphill battle. It is always good to consult with a BC spousal support lawyer to know whether you are able to do so. This blog post will give you some basic knowledge on how to stop paying spousal support.
(You can also contact us at 604-974-9529 for a consultation.)
Let’s say you are 50 years old and have an agreement or a court order under which you are to pay spousal support to your ex-spouse for 20 years. Let’s say the amount is $3000 per month. You are now 65 years old and want to retire. If you retire you will not have much of an income to support yourself, let alone your spouse. In this example, you can ask the court to let you stop paying spousal support in BC. How can you do this?
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Prove a “Material Change” if you Want to Stop Paying Spousal Support in BC
The BC Family Law Act and general law say that you cannot simply stop paying spousal support in BC if you:
- retire early and intentionally
- voluntarily leave your job
- voluntarily are unemployed or underworked
- voluntarily leave your job but do not find another job
The law also says you can stop paying spousal support in BC if you prove a material change in the circumstances such that you are no longer able to pay spousal support.
What is a Material Change Under the BC Family Law Act or Divorce Act?
The most recent BC Supreme Court case of Peters v. MacLean explained what a material change is:
[27] For a change to be material, it must be substantial, unforeseen and continuing (Fehr v. Fehr, 2006 BCSC 1440 [Fehr]). A substantial reduction in the payor’s income due to retirement can be a material change of circumstances, but that is not always the case.
In this case, the husband had been working since he was 17 years old. At the age of 65, he decided to retire. The wife said that he should continue paying spousal support but the judge determined that even if he did not pay spousal support, he could not even have enough money to survive on his pension and interest income.
He would have to sell his assets to pay the wife’s spousal support. Since the assets he had had already been divided with the wife, the court said that it would be unfair to ask him to sell his assets and pay the wife spousal support. The wife already had over 1 million dollars from the matrimonial division of assets.
In this case, the judge determined that the husband could stop paying spousal support to the wife because his retirement was reasonable and he should have been given a chance to enjoy his golden years.
There are many other situations where you can apply to Court to stop paying BC spousal support in BC. This issue can be complicated.
For questions or to set up an INITIAL CONSULTATION, please contact us at 604-974-9529 or contact us.
This article is for information only and does not constitute legal advice. It does not create a lawyer–client relationship with YLaw or any of its lawyers. Laws and policies change, and information here may not reflect the most current legal developments. For full details, please contact us to obtain advice about your specific situation.