Spousal Support
Retirement, Review, and Variation of Spousal Support
Forty per cent of all Canadian marriages end in divorce. Baby boomers are also now in retirement or fast approaching retirement age. Individual financial situations can undergo significant change. When these factors combine, many who pay spousal support assume that their obligation can be altered, but this is not necessarily the case.
If you seek a reduction, termination or other variation of your spousal support obligation, the lawyers at Soby Boyden Lenz can provide legal guidance and representation.
Material Change in Circumstances
as a Basis for Variation
Once agreed upon or ordered by a court, a spousal support arrangement is legally binding. Unless the ex-couple agrees to a change or a prior written agreement includes a periodic review, the parties will need to go to court to settle the matter.
A judge will not typically alter an existing support arrangement without good reason — a “material change in circumstances” (“MCIC”). This can occur when either the payor or recipient experiences a MCIC — one that would have resulted in a different spousal support arrangement if the circumstance had been known when the support was originally ordered or agreed upon. This may occur due to:
- A sizable increase or decrease in income or assets
- Remarriage
- A retirement or disability
- Loss of employment
If you believe that you have grounds for seeking a change to your spousal support obligation or entitlement, we can review the facts, assess the strength of your case and seek a fair outcome in court.
