Spousal Support Reviews - a tool to change your spousal support order.
- SiLaw Group Family Lawyers
- Jun 16
- 3 min read
Updated: Jun 27
Here's what you need to know:
In the landscape of family law in British Columbia, spousal support is often a key issue that continues to evolve long after a separation agreement or court order is first 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.
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 15.2 of the Divorce Act.
The act that applies to your original support order depends on whether the support 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.
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 online here.
