Can You Modify Spousal Support in BC?

Life rarely stays static, and sometimes, that means the spousal support agreement you once had needs a second look. Whether you’re the one paying or receiving support, changes in circumstances can make the original order feel outdated.

Understanding the Legal Framework to Modify Supposal Support

In BC, spousal support is governed by two primary pieces of legislation:

1. Divorce Act: Applies to legally married couples who are divorcing or have divorced.
2. Family Law Act (FLA): Pertains to both married and unmarried couples, including those in common-law relationships.

Both acts allow for the variation of spousal support orders or agreements when there’s a significant change in circumstances.

Learn more about spousal support on our Spousal Support page.

What Constitutes a “Material Change”?

To successfully modify spousal support, you must demonstrate a material change in circumstances, this means a change that:

• Is substantial and continuous: Not minor or short-term.
• Was not anticipated: Unforeseen at the time the original agreement or order was made.

Common scenarios include:

• Income fluctuations: Significant increase or decrease in either party’s earnings.
• Health issues: Emergence of medical conditions affecting earning capacity.
• New relationships: Entering into a new marriage or common-law partnership.
• Retirement: A significant decrease due to retiring.

It’s crucial to note that voluntary decisions, like quitting a job without a valid reason, may not qualify as grounds for modification.

Steps to Modify Spousal Support

1. Open Communication: Before heading to court, try discussing the changes with your ex-partner. An amicable agreement can save time, stress, and money.

2. Gathering Evidence: Collect documents that substantiate the change in circumstances, such as medical reports or financial statements.

3. Agreement: You can change spousal support isthrough a written agreement between both spouses. This allows for flexibility and avoids costly court battles.
4. Mediation: If you can’t agree, mediation can help facilitate discussions and find a mutually acceptable solution.
5. Court Application: If agreement or mediation fails, you can apply to the court to vary the spousal support order. You’ll need to demonstrate a material change in circumstances.

Potential Outcomes

The court may decide to:

• Increase or Decrease the Support Amount: Adjust payments to reflect the new circumstances.
• Terminate Support: End the obligation if it’s deemed no longer necessary.
• Set a Time Frame: Establish a new duration for support payments.

Life changes. Financial situations change. If you need to adjust your spousal support order in BC, our experienced family lawyers at YLaw can help. We’ll assess your situation and fight for a fair outcome. Contact us here or call us at 604-974-9529 for a consultation.