Once a British Columbia court orders spousal support to be paid by one spouse to the other, that support must be paid according to the terms of the order—unless there is a court-ordered modification or termination of the support.
The payor has a legal obligation to make these payments to the recipient, or various enforcement measures are available to pursue. But what if circumstances change, as is common in life?
How do you modify or terminate spousal support in BC? Does the family law system here allow for the necessary changes to be made to court orders?
Let us find out.
To change or cancel court-ordered spousal support in BC, there will need to be a “material change” in circumstances.
While modifications of support require a substantial change in circumstances, such as the loss of a job or a promotion, justification for the termination of support usually requires an even greater change that is beyond the payor’s control.
Under the terms of the BC Family Law Act, simply stopping work or retiring early does not automatically terminate spousal support, especially if this happens before the standard retirement age.
First, we need to consider the two main types of spousal support awarded in BC:
A judge in BC may award interim spousal support based on limited information because the volume of documentation available at trial is not yet prepared. So, a spouse can receive interim spousal support when she/he is not entitled to spousal support at all.
The interim spousal support order usually stands until the trial, when you can ask the judge to cancel it based on one or more of the following grounds:
If your divorce case goes to trial, the judge may need to decide on the division of property, child support, extraordinary expenses, and so on. The requirement for spousal support will be factored into the overall “equation.”
If spousal support is awarded at trial, it means that the judge has considered all the available information and decided based on the relevant facts. This can be extremely challenging to terminate.
Unless your spouse agrees to the termination of support, you will need to file a Notice of Application at the BC Supreme Court or the Provincial Court explaining your reasons for wanting to terminate the spousal support payments.
There are only a few circumstances where you can apply to terminate support, which are covered below.
If you are over 65 or 67 years of age, you can apply to terminate spousal support based on retirement and your inability to work.
Most people receive a lower income after they retire—courtesy of a pension and investment income—which can result in a “material change” in financial circumstances. You can, in this case, apply to modify or terminate spousal support based on the future projection of income.
Another possible reason for a spouse terminating final-order spousal support in BC is a physical or mental disability leading to an inability to work. The application will require supporting medical evidence, possibly from medical experts.
Spousal maintenance can also be terminated if the recipient remarries or enters a common-law relationship.
If your spouse remarries and his/her current partner earns more than you and can support your spouse, these are strong grounds for the termination of spousal support. If the new spouse earns less than you, a reduction may still be requested, but a termination request may be unsuccessful.
No termination or reduction of support is automatic in BC. You must still file an application with the court for termination of the support.
If you remarry and currently pay spousal support to an ex, it is unlikely that the courts will agree to a reduction or cancellation of your existing support payments.
If, for instance, your child’s expenses increase due to ongoing educational or medical needs, it might be argued that your spousal support payments should be reduced or terminated.
Again, pleading this case to a court is unlikely to be straightforward and the assistance of a qualified lawyer is recommended.
A key objective of spousal support is to assist the transition to a self-sufficient, independent life after a divorce or separation. It is not intended to provide an opportunity to receive ongoing income without working or to study forever.
As such, if a recipient spouse is intentionally remaining unemployed or under-employed, the payor can apply to the court to reduce or terminate support.
If you are separated and divorcing from your spouse and feel that spousal support should not be payable, prepare the right documentation to show a judge that there is no entitlement to support in your case before the spousal support decision is made.
To show no entitlement to support, it is best to work with a seasoned family lawyer to prove that your spouse is not disadvantaged by the breakdown of the marriage or common-law relationship. Your lawyer will inform you of the documentation required to prove this.
Ultimately, it is easier to stop support from being paid at the beginning of the process than to terminate it after a court order has been issued.
There are exceptions to the information contained in this article. It is best to consult with a seasoned divorce lawyer before seeking the termination of spousal support in BC.
If you require legal assistance with a family matter in the Langley area of British Columbia, DSG Family Law offers a free initial consultation to assess your situation and outline your legal options. Speak with a family lawyer today.
At DSG Family Law, we are pleased to offer a free consultation to discuss the particulars of your family’s situation. During this no-obligation meeting, you can share your concerns and goals with one of our experienced lawyers. We understand that every family’s circumstances are unique, and we want to ensure that we can provide you with the best guidance tailored to your specific needs.
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