Yes. In Ontario, a spousal support order can be varied, suspended or ended when there has been a change in either spouse's condition, means, needs or other circumstances since the order was made. Spouses can also agree on a change in writing. If they cannot agree, the usual route is a motion to change under the Family Law Rules.
How spousal support is changed in Ontario, step by step
Spousal support is set for a moment in time, and lives keep changing: jobs end, incomes rise, health fails, people retire or repartner. Both the Divorce Act and Ontario's Family Law Act allow support to be revisited when circumstances change. For the wider picture, see our child and spousal support page.
The test depends on the law that made the order:
- Divorce Act orders. Under section 17 of the Divorce Act, before varying spousal support, the court must be satisfied that there has been a change in the condition, means, needs or other circumstances of either former spouse since the order or last variation (s. 17(4.1)). The variation order should serve the same objectives as an original order: recognizing economic advantages and disadvantages, apportioning child care costs, relieving economic hardship and promoting self-sufficiency (s. 17(7)).
- Family Law Act orders. Under section 37 of the Family Law Act, the court may discharge, vary or suspend a term, prospectively or retroactively, and may relieve the payor of part or all of the arrears or interest, if it is satisfied there has been a material change in either party's circumstances or that evidence not available at the previous hearing has become available (s. 37(2)).
In practice the steps are:
- Identify the change. Job loss, a large raise, illness, retirement, a new partner, a child leaving home, or the recipient becoming self-supporting.
- Gather proof. Tax returns, pay stubs, medical evidence, job search records, pension statements.
- Try to agree. A written, signed and witnessed amending agreement, or a consent motion to change (Form 15C) filed with the court.
- If no agreement, bring a motion to change. Serve and file a motion to change (Form 15) with the required attachments and a financial statement (Family Law Rules, r. 15(5) and r. 13).
- The other side responds. They serve and file a response (Form 15B) or return a consent (Form 15C) within 30 days if they live in Canada or the United States, or 60 days elsewhere (r. 15(10)).
- Conference and hearing. The case usually proceeds through a conference before any contested hearing.
Common changes and how they are usually treated
| Change | Why it can matter | Key question |
|---|---|---|
| Payor's income drops | Ability to pay is part of the "means" in s. 17(4.1) | Was the drop involuntary, or could income be imputed? |
| Payor's income rises | The recipient may share in the increase in some cases | Is the increase linked to the relationship, for example a career the recipient supported? |
| Recipient's income rises | Need may be lower; self-sufficiency is an objective (s. 17(7)(d)) | Has the recipient become self-supporting, and is a compensatory claim still owed? |
| Retirement | Income usually drops; pensions may already have been divided as property | Was retirement reasonable and in good faith? |
| Recipient repartners | A new partner can change the recipient's needs and means | Does the new household change the need, and what is the basis of entitlement? |
| Illness or disability | Can affect ability to work or to pay | Is it lasting, and is there medical evidence? |
| Child support ends | Divorce Act s. 15.3(3): if child support priority reduced spousal support, its later reduction or end is a change of circumstances | Was spousal support limited earlier because child support came first? |
What goes into a motion to change
The Family Law Rules set out the paperwork in rule 15. The party asking for the change serves and files a motion to change (Form 15) with all required attachments (r. 15(5)), together with a financial statement (r. 13). They must also serve a blank response form (Form 15B) and a blank consent form (Form 15C), so the other party can either oppose or agree (r. 15(6)).
Some cases need extra parties. If support has been assigned to an agency, for example because the recipient received social assistance, the assignee must be served as if it were a party (r. 15(11)), and it can become a respondent to the extent of its financial interest. If the other party does not respond or consent in time, the party making the motion may file a motion form (Form 14B) asking the court to make the order requested, unless an assignee opposes it (r. 15(15)).
The evidence carries the case. A clear affidavit explaining what changed and when, backed by documents, usually matters more than argument. Both sides' current income information should be on the table early.
Orders, agreements and time limits
How support was set matters a great deal. A court order can be varied on the tests above. A support term in a separation agreement can also be changed by a motion to change under rule 15, which applies to "a final order or agreement". Under the Family Law Act, a court can also set aside a support provision or waiver in a domestic contract if it results in unconscionable circumstances, if the dependant qualifies for support out of public money, or if there is default in payment under the contract (s. 33(4)).
Time-limited support needs special care. Under the Divorce Act, once a support order for a definite period has expired, or the specified event has occurred, a court cannot resume support unless it is necessary to relieve economic hardship from a change related to the marriage, and the changed circumstances would likely have produced a different order at the time (s. 17(10)). If you think support should continue past an end date, act before it arrives. Our page on how long spousal support lasts explains indefinite and fixed-term orders.
What changes the answer
- The basis of entitlement. A compensatory claim may survive a recipient's later income gain, while a purely needs-based claim may shrink as need falls; see who is entitled to spousal support.
- Income evidence. A payor who reduces income voluntarily may have income imputed; see what counts as income for support.
- The guideline ranges. Recalculating the range with the new incomes often frames the negotiation; see how the amount is worked out.
- Conduct. In a Divorce Act variation, the court shall not consider conduct that could not have been considered when the original order was made (s. 17(6)).
- Arrears. A Family Law Act court can relieve arrears and interest (s. 37(2)(b)), but arrears do not stop growing while you wait; see what happens if support is not paid.
- Retroactivity. Both statutes allow variation retroactively or prospectively. Delay and notice affect how far back a court will go; the same issue arises for children in retroactive child support.
A worked example
For example, imagine a divorce order in Toronto requiring one former spouse to pay spousal support with no end date. Six years later, the payor, aged 66, retires from a job with a defined benefit pension. At separation, that pension was valued and its family law value divided as property. The payor's income falls from $130,000 to $60,000 of pension income.
The retirement is a change in means under section 17(4.1). The payor files a motion to change with a financial statement, proof of retirement and pension statements. The recipient responds within 30 days. The court may consider whether the retirement was reasonable, the recipient's current needs and means, the remaining compensatory basis for support, and the fact that the pension was already shared as property. The result might be a reduced amount, a step-down, a fixed end date, or no change, depending on the evidence. This example is hypothetical.
Common mistakes when changing support
- Stopping or reducing payments on your own. The order stays in force until it is changed, and the Family Responsibility Office will keep enforcing it.
- Waiting too long. Arrears grow, and a long delay can limit how far back a change is made.
- Weak evidence. A claim that income dropped needs documents; a claim that a new partner supports the recipient needs facts, not assumptions.
- Agreeing informally. A verbal deal to reduce support does not bind FRO and can lead to arrears. Put changes in writing and file them.
- Missing a time-limited order's end date. Resuming support after expiry is much harder (s. 17(10)).
- Forgetting tax. A change to periodic support changes tax outcomes for both sides; see support and taxes.
What to do this week
- Find the order or agreement and note the date, the amount, and any end date or review clause.
- Write down what has changed since then, with dates.
- Gather proof: tax returns, pay stubs, medical notes, pension or retirement documents, job search records.
- Ask the other party for current income information in writing; for child support, yearly disclosure rules may already apply (see yearly income disclosure).
- Keep paying the current amount while the change is negotiated or decided.
- Book a free consultation with us to test whether your change meets the legal threshold and to recalculate the range.
Frequently asked questions
Does remarriage end spousal support automatically?
No, unless the order or agreement says so. A new relationship is a change that can support a variation, but the court looks at needs, means and the basis of entitlement.
Can I ask to increase support?
Yes. A recipient can seek an increase where there has been a change, for example a new illness or a loss of income. The same legal tests apply.
Do I need a lawyer to file a motion to change?
No, but the forms, disclosure and evidence matter a lot, and the result can last for years. Family Law Information Centres in courthouses can help with forms; advice on strategy comes from a lawyer.
What if we both agree on the change?
You can sign a consent motion to change (Form 15C) and file it, or sign a written agreement that is witnessed. If FRO enforces the order, make sure the change is filed so FRO updates its records.
Can a change be backdated?
Both the Divorce Act (s. 17(1)) and the Family Law Act (s. 37(2)) allow changes retroactively or prospectively. How far back depends on the facts, including when the other party was told.
Does a hardship claim on child support affect spousal support?
They are separate tests, but the same financial facts often matter to both. See undue hardship for the child support side.