Spousal support is often ordered at the time of separation or divorce based on the circumstances that exist at that point. Over time, those circumstances can change. People lose jobs, retire, become ill, remarry or see major changes in their parenting roles. In Alberta, an existing support order or agreement may be revisited in some situations through a review or variation.
Under section 17 of the federal Divorce Act, a court may vary, suspend or rescind a spousal support order where there has been a change in the condition, means, needs or other circumstances of either former spouse. Similar principles apply when spousal support is ordered under Alberta’s Family Law Act.
An Edmonton spousal support lawyer can help you decide whether your situation meets the threshold for a change and what type of application might be appropriate.
How Material Change In Circumstances Affects Spousal Support Variation In Alberta
For a formal variation application under the Divorce Act, the court must first be satisfied that there has been a “material change in circumstances” since the original order or the last variation. In simple terms, this means a change that is significant, ongoing and something that was not reasonably expected at the time of the original order.
In Alberta practice, courts often look at whether the change has altered the financial picture enough that the original order is no longer fair. A small cost-of-living increase or temporary dip in income may not be enough. A long-term loss of employment, a serious health issue, an unexpected promotion, or a major change in parenting arrangements might be. General guidance from Alberta Court publications and resources, such as the province’s spousal support information brochure, emphasizes that each case is fact-specific.
Common Reasons To Seek A Review Or Variation Of Spousal Support In Alberta
People ask about changing spousal support for many different reasons. Some of the more common ones include:
- A payor loses employment or retires earlier or later than expected
- A recipient’s income increases significantly, or they become self-sufficient
- Parenting arrangements change in a way that affects income and expenses
- A serious illness or disability impacts a person’s ability to work
- A time-limited support order is approaching its end, and the parties need guidance on whether it should continue
The federal Spousal Support Advisory Guidelines recognize that orders may need to be reviewed as circumstances evolve, and courts across Canada frequently consult these Guidelines when considering variation applications.
How Alberta Courts Approach Spousal Support Reviews Versus Variations
It is helpful to distinguish between a “review” and a “variation”. A variation application usually seeks to change an existing order because of a material change in circumstances. A review, on the other hand, may be built into the original order, with language that says support can be reconsidered at a certain date or after a specific event, such as completion of a training program.
On review, the court may focus less on whether there has been an unexpected change and more on whether the goals of the original order have been met. For example, if support was intended to help a recipient finish school, the court may look at whether they did so and what their current earning capacity is. Alberta and other Canadian courts have developed a body of case law dealing with review clauses, so wording in the original agreement or order can make a big difference.
Changing Spousal Support Based On Agreements In Alberta
Not all support arrangements begin as court orders. Some couples sign separation agreements that deal with spousal support, either on their own or with legal advice. These agreements can be filed with the court and turned into consent orders, which allows the variation rules in the Divorce Act or Family Law Act to apply.
If an agreement has not been made into an order, the process is slightly different. In that case, an application may be treated as a fresh claim for support, with the agreement being one piece of evidence among others. The Supreme Court of Canada decision in Miglin v. Miglin and subsequent case law guide how courts weigh separation agreements against current circumstances. Getting advice before signing any support agreement can help avoid unexpected results later.
Steps To Request A Change To Spousal Support In Alberta
If you think a change may be needed, it is usually best to start with information and negotiation. Gathering updated income documents, tax returns, and evidence of any health or employment changes can help your Edmonton family lawyer assess your situation in light of the Advisory Guidelines and recent Alberta decisions.
Where possible, you may be able to resolve the issue through negotiation or mediation, which can be more efficient than a contested court hearing. If agreement is not possible, your lawyer can advise you on filing a formal application in the appropriate court, serving the other party, and preparing the evidence needed to support your position.
How Our Edmonton Spousal Support Lawyers Can Help With Reviews And Variations
Spousal support reviews and variations involve both technical legal tests and practical judgment. At Verhaeghe Law, our team helps clients across Edmonton, Athabasca, and Whitecourt understand whether their situation meets the threshold for change, estimate likely ranges using the Spousal Support Advisory Guidelines, and navigate negotiation, mediation or court. Our article on changing spousal or partner support in Alberta can be a helpful starting point.
To discuss a possible review or variation of spousal support, contact our Edmonton family lawyers or call (587) 410-2500 to book a consultation.
Please note that the information in this article does not constitute legal advice. It is intended as a general overview of an area of family law. For legal advice, please consult with a lawyer.