Spousal support may be subject to change based on a change to a payor or recipient’s circumstances. Unlike child support, which is the right of the child and is automatic based on the payor’s income and the child’s residency arrangements, spousal support is based on entitlement, broken down as follows:

• Contractual claims are set out in a domestic contract, like a marriage contract or a separation agreement.
• Compensatory claims reflect the roles of the parties during the relationship (i.e. one spouse makes career sacrifices to raise children and the other spouse advances in their career as a result).
• Non-compensatory claims arise when one spouse is economically disadvantaged by the end of the relationship and the payor spouse has the means to pay spousal support.

Although not legislated like the Child Support Guidelines, the Spousal Support Advisory Guidelines “SSAGs” are often used by judges to determine appropriate spousal support in a given matter. The SSAGs provide ranges of spousal support based on the payor and recipient incomes and the duration of the relationship. Special considerations apply for low-income earners ($20,000 or less), high income earners ($350,000 or more) and in long-term marriages wherein the recipient’s age plus the length of marriage (in years) exceeds 65.

Formalizing your spousal support arrangement by way of a Separation Agreement can establish parameters on what constitutes a valid reason to change your spousal support arrangement, including if and when it may come to an end. Often referred to as a “material change in circumstance”, parties can agree to identify the specific events that will be considered in changing their spousal support arrangement. Some common examples include a party’s impending retirement, a party’s cohabitation with another person for a specified period, or a change to the payor or recipient’s income by a specified amount. Parties may also agree to set out what does not include a material change in circumstance necessitating a change to spousal support, for example, a nominal decrease to the payor’s income or a modest increase to the recipient’s income.

Our office routinely encourages parties to formalize spousal support by way of a Separation Agreement, where possible, so that there is an agreed upon mechanism in place to address these material changes. However, in some situations, it is more appropriate to proceed through court to formalize spousal support. Spousal support formalized in a court Order can only be changed by way of a Motion to Change or a Consent Motion to Change. The test for a material change is set out in the Supreme Court of Canada decision of LMP v LS, 2011 SCC 64, namely, a change that “if known at the time, would likely have resulted in a different order” (paragraph 44). If you have questions about changing or formalizing your spousal support arrangement, reach out to our office to schedule a consultation.