The case of Ferguson v. Ferguson examines the circumstances in which a Court will vary a previously made award for spousal support. In order to alter an existing spousal support order, a litigant must convince the Court that a material change in the parties’ circumstances has occurred. In this case, the Husband was originally ordered to pay both spousal and child support to the Wife in 2004. When the children turned 18 in 2007 and child support ceased, the Wife successfully argued that the cessation of child support was a material change in circumstances, giving rise to the alteration of her existing spousal support order. After separation, the Husband’s income increased while the Wife struggled to earn a modest income of less than $10,000.00. She was living with arthritis, depression and anxiety, all of which affected her ability to work, and she was required to borrow money from her elderly parents. When the Court examined all of these factors, combined with the end of the Wife’s entitlement to child support, it was clear that she could not subsist on her original quantum of spousal support. As such, Justice Hambly increased her spousal support to a point where it exceeded the total of her original spousal and child support orders. While this result seems harsh, the Court felt it was fair in the circumstances. This case should also serve as a caution to payors who seek to alter their support payments using child support as a material change in circumstances. Instead of decreasing, they could in fact find their support obligation increasing.
More From the Feldstein Blog
Ontario Family Law, Translated
The statute is dense. The stakes are personal. These articles unpack the parts clients ask about most.
Starra v Starra, 2026 ONCA 405
BACKGROUND: The Appellant and Respondent were married in 1982 and separated in October 2007 after a 25-year long marriage. The parties divorced in 2009 and have three independent, ... Read more
High-Net-Worth Divorce in Ontario: When You Own the Business
If you own a business and are separating from your spouse, the business may become one of the most important financial issues in your divorce. In Ontario, separation ... Read more
Common-Law Separation for the Self-Employed in Ontario
If you are self-employed and separating from a common-law partner in Ontario, the financial issues can be more complicated than they are for someone who earns a regular ... Read more
Feldstein Family Law Group, P.C.
The Law Is Complex.
The First Step Isn't.
Free, confidential consultation with an experienced Ontario family law lawyer. One call can change everything.
Markham · Oakville · Mississauga · Vaughan
Call (905) 415-1636Responses within one business day — often the same day.
Our Offices
Serving Families Across Ontario & the Greater Toronto Area
Four Feldstein Family Law Group offices across the GTA — close to where our clients live, work, and raise their families.
Communities We Serve
Feldstein Family Law Group represents clients across the Greater Toronto Area — including Toronto, Markham, Oakville, Mississauga, Vaughan, Richmond Hill, Thornhill, Unionville, Stouffville, Aurora, Newmarket, Brampton, Etobicoke, North York, Scarborough, Burlington, Milton, Georgetown, Woodbridge, Maple, King City, and the surrounding communities of York Region, Peel Region, Halton Region, and Durham Region.