Changing a Spousal Support Order in Ontario
Understanding Spousal Support Variations
Spousal support orders that are part of a court order, or an agreement incorporated into an order, can only be changed by way of a Motion to Change. Parties may apply to the court to vary (or change) a spousal support order under the Family Law Act, s. 37, or under the Divorce Act, s. 17.
Some factors that might change a support payor’s ability to pay, or the recipient’s need of support, include:
- An unforeseen change in financial circumstances for either party, including job loss or a significant increase or decrease in income;
- A disability or illness seriously affecting the payor or recipient;
- Remarriage by either party; or
- Retirement of the payor.
Spousal support orders may be varied with the consent of both parties by way of a Motion to Change. If both parties agree to the proposed changes, it is likely that no court appearance will be necessary (this is assuming that the provisions are reasonable and do not require any clarification).
Contested Spousal Support Changes
Parties may also proceed with a Motion to Change for contested spousal support issues by requesting the court to rule on the matter. In order to vary an existing support order, the party seeking to vary the order must prove (on a balance of probabilities) that there has been a material change “in the condition, means, needs or other circumstances” of either former spouse since the making of the spousal support order (see the Divorce Act, s. 17(4.1)).
In order to be considered “material,” the change must be one that “would likely have resulted in different terms” if those circumstances had been in existence at the time of the original order (Willick v. Willick). Further, the change cannot have in the contemplation of the parties or the judge at the time of the original order.
This can be a difficult test to meet, given that the change must be one the court making the original order did not foresee at the time and cannot be considered to have taken into account. Retirement, changes in employment, and the remarriage of one partner may all be foreseeable changes, depending on the specific circumstances of the parties. The court has discretion to determine which events constitute a material change in any given case.
The Advantages of Involving an Ontario Divorce Lawyer
The variation process is both time consuming and complex, and it requires specific legal expertise, particularly where financial security is concerned. An experienced family law lawyer is an essential resource when contemplating a change to an existing order or agreement.
Serving all of Ontario since 1994, we at Feldstein Family Law Group P.C. can provide the level of counsel you need. Call (905) 581-7222 today!
Meet Our Dedicated Team of Lawyers
Over a Century of Collective Experience
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Andrew Feldstein FounderRead BioAndrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.
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Daphna Schwartz LawyerRead Bio
Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously practising family law in the Barrie area. Her practice includes all areas of divorce and family law, including custody and access, child support, spousal support, and property issues. Daphna is also qualified to practise Collaborative Family Law.
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Anna Troitschanski LawyerRead Bio
Anna Troitschanski joined the team at Feldstein Family Law Group, P.C. in 2012. Prior to that, she practised Family Law at a boutique Newmarket firm. Her experience covers all areas of divorce and family law, including custody and access, child support, spousal support, division of property, and alternative dispute resolution.
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Nick Slinko LawyerRead Bio
Nick Slinko attended York University from 2003-2007 where he majored in both Law & Society and Philosophy. Nick graduated in 2007 with an Honours Bachelor of Arts degree. He proceeded to earn a Juris Doctor in Law at the University of Western Ontario in 2011. Nick was Called to the Bar in June of 2012 after completing his Articling term.
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Veronica Yeung LawyerRead Bio
Veronica Yeung joined the Feldstein Family Law Group, P.C. as a summer student in 2014 and returned as an articling student in 2015. Following her call to the Ontario Bar in June 2016, Veronica was welcomed to the team as an associate lawyer. Veronica attended York University for her undergraduate studies and was on the Dean’s Honour Roll.
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Shana Gordon-Katz LawyerRead Bio
Shana joined Feldstein Family Law Group P.C. as an articling student in 2017. Following her call to the Ontario Bar in June 2018, Shana was welcomed back to the firm as an associate. While completing her articles, Shana assisted with legal matters covering all areas of family law. Shana attended the University of Western Ontario.
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Rachel Zweig LawyerRead Bio
Rachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. Following her Call to the Ontario Bar in April 2021, Rachel was welcomed back to the firm as an Associate. Rachel completed her legal studies and obtained her Juris Doctor at the University of Ottawa.
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Lauren Harvey Associate LawyerRead Bio
Lauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. Following her Call to the Ontario Bar in April 2022, Lauren was welcomed back to the firm as an Associate. Laura completed her legal studies and obtained her Juris Doctor at the University of Western Ontario.
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Quinn Held Associate LawyerRead Bio
Quinn spent two years as a Summer Student and then completed her Articling term at a boutique Family Law firm in Orangeville, where she was exposed to various complex Family Law matters. Following her Call to the Bar of Ontario in June 2022, she became an Associate with the Feldstein Family Law Group.
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Kyla Johnson Associate LawyerRead Bio
Kyla joined Feldstein Family Law Group P.C as an Articling Student in 2023. Following her Call to the Ontario Bar in April 2024, Kyla joined the team as an Associate. Prior to completing her legal studies and obtaining her Juris Doctor at the University of Ottawa, Kyla graduated from Queens University with a Bachelor of Arts with Honors.
