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Spousal support judgments rarely have a termination date affixed to them. This is because the courts acknowledge the unpredictability of the circumstances contributing to the self-sufficiency of the support-receiving spouse. The issue of spousal support is therefore revisited often, for reevaluation.

If the support-paying spouse experiences changes to his or her income, for instance as a result of health concerns, being laid off, or changes in employment, the support-paying spouse may petition the court to revaluate his or her financial situation and the amount of his or her spousal support obligation.

At the federal level, Canada’s Divorce Act places the financial responsibility of caring for the lesser-earning spouse only on the higher-earning spouse. Children, irrespective of their incomes are excluded from paying support to their parents.

However, at the provincial level, Ontario’s regulations include a provision which entitles a parent to receive some form of financial assistance from his or her children if their financial situation permits so. These regulations can come into play in Ontario divorce cases. A support-paying spouse may petition the court to review spousal support if the financial status if the support-receiving spouse’s children has changed to enable them to provide for their parent. The children need not be children of the marriage in question, and can be children of the support-receiving spouse from a previous or following marriage or relationship.

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Similarly, if a support-receiving spouse remarries, it becomes possible for the support-paying spouse to request reevaluation of spousal support amounts. This does not guarantee success but at least allows you to ask for a review.

Revisiting spousal support is a double-edged sword. If the finances of the payor spouse had suffered as a direct consequence of the divorce, the court may have ordered a relatively low amount of spousal support based on the payor spouse’s previous poor financial circumstances. However, if the payor spouse regains his or her financial stability shortly after, the court will likely readjust the amount of spousal support upwards to what should have been ordered at the time of divorce.

Spousal support is one of the most commonly revisited issues of a divorce. It is one remnant of the divorce which continues to have lasting effects and can become a major inconvenience. As such, support-paying spouses can at times negotiate a one-time lump sum payment in exchange for release from any future payments. In an Ontario divorce case, however, the release was challenged after the support-receiving spouse depleted the lump sum given to her, and the support-paying spouse was ordered to pay support until the date of the trial.

The issue of spousal support is an evolving one. It is best to not only consult with an attorney at the time of separation, but to also keep abreast of the changes that may be taking place with regards to this subject as the courts continue to deal with it.

“For a fast, low-cost, lawyer-free legal divorce visit www.DivorceOnline.ca.”

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