Spousal Support Reviews in BC: How They Work

Author: SiLaw Group Family Lawyers
Published: Jun 16, 2025
Updated: Sep 15, 2025
Read time: 4 min

Understanding Spousal Support Reviews in British Columbia

In the landscape of family law in British Columbia, spousal support is often a key issue that evolves long after a separation agreement or court order is made. One important tool in addressing changing financial realities is the review of a spousal support order. But how does a review differ from a variation application, and what principles guide the court in determining whether support should continue, end, or change?

Here's a breakdown of the key principles that apply when reviewing a spousal support order in British Columbia:

1. Nature of the Hearing: Treated as a "De Novo" Application

A spousal support review is typically conducted as a hearing de novo—meaning the court looks at the issue afresh, as if it were being decided for the first time. The court will re-assess the parties' current financial circumstances and make a new determination based on updated information. This approach allows for a forward-looking decision without being restricted by the conditions at the time of the original order.

2. No Requirement for a Material Change in Circumstances

Unlike a variation application, a review does not require the applicant to demonstrate a material change in circumstances. This is because a review is generally contemplated in cases where there was significant uncertainty about the parties' future financial situation at the time the original order was made. The purpose is to revisit the matter once that uncertainty has been clarified.

3. Application of the Spousal Support Advisory Guidelines (SSAGs)

The Spousal Support Advisory Guidelines (SSAGs) play a key role in any review hearing. When a review proceeds as a hearing de novo, the court is expected to reference the SSAGs in assessing the appropriate amount and duration of support. Any major departure from the SSAGs must be clearly justified, and the parties' current incomes are a central factor in this analysis. Support amounts can also have tax implications for both parties — see our guide to tax issues in family law in BC.

4. Scope of the Review: Partial vs. Full Review

The scope of a review is defined by the language of the original court order or agreement:

• If the review clause clearly outlines specific issues—such as duration only—then the court's review will be limited to those issues.

• If the clause is vague or silent on the scope, the review will be treated as a full review, meaning the court can revisit entitlement, amount (quantum), and duration.

• Reviews are typically prospective in nature; if a party wants to address retroactive changes in support, they must bring a variation application instead.

5. Objectives of Spousal Support Must Be Considered

The court must consider the overarching objectives of spousal support, as set out in:

• Section 15.2(6) of the Divorce Act, or

• Section 161 of the Family Law Act.

These objectives include:

• Recognizing economic advantages or disadvantages arising from the relationship or its breakdown;

• Apportioning the financial consequences of child care;

• Relieving economic hardship; and

• Encouraging the recipient's self-sufficiency.

6. Statutory Authority for Reviews

Spousal support reviews are not automatic. They must be authorized by:

• Section 168 of the Family Law Act, or

• Section 15.2 of the Divorce Act.

The act that applies to your original support order depends on whether the support was made pursuant to the Family Law Act or the Divorce Act (or sometimes both). The original order or agreement must expressly allow for a review.

Without such a provision, a party must instead apply for a variation based on a material change.

7. Best Practices for Drafting Review Clauses

Practitioners should exercise great care when drafting review clauses in separation agreements or court orders. These clauses should:

• Clearly identify the uncertainty that justifies a future review;

• Specify what circumstances will be re-evaluated (e.g., income changes, re-employment, retirement);

• Include language confirming the parties' right to return to court if they cannot agree; and

• Reference the relevant statutory section for enforceability.

8. The Importance of Legal Guidance

Navigating the complexities of spousal support reviews can be daunting. Each case is unique, and the legal landscape can shift based on new developments. Therefore, we recommend seeking legal advice to ensure that your rights and interests are protected.

9. When to Consider a Review

If you find yourself in a situation where your financial circumstances have changed significantly, it may be time to consider a review of your spousal support order. Changes in employment, income, or family responsibilities can all impact your eligibility for a review.

10. Final Thoughts

Spousal support reviews are a critical legal mechanism for adapting support arrangements to changing financial circumstances. Whether you're negotiating an agreement, drafting a court order, or preparing for a review hearing, understanding the legal framework is essential.

If you're unsure whether your spousal support order is eligible for review—or if a review may be in your best interest—consider speaking with an experienced family lawyer who can guide you through your options.

At SiLaw Group Family Lawyers & Mediation, we assist clients in Surrey and across British Columbia with all aspects of spousal support, including reviews and variations. Contact us at (778) 381-9977 to book a consultation or book a free consultation online.

---