Varying and Terminating Spousal Support in BC

Spousal Support Is Built to Be Revisited

People who want to stop spousal support in BC, and people worried about losing it, are usually asking the same question: is this arrangement permanent? Usually not. Support reflects the circumstances that existed when it was set, and both of the statutes that govern it build in a way to revisit it when those circumstances genuinely change.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Family law is the only kind of law we practise, and we serve clients in English and Punjabi. This page explains the variation tests in the Divorce Act and the Family Law Act, what they say about remarriage, and the routes by which support actually ends. For entitlement and amount, see our spousal support overview.

Two Statutes, One Starting Point

Which statute applies depends on where your support obligation comes from.

Divorce Act. If support was ordered under the federal Divorce Act, section 17 governs. A court may make an order varying, rescinding or suspending a spousal support order, retroactively or prospectively, on application by either or both former spouses (s. 17(1)). Before varying, the court must satisfy itself that a change in the condition, means, needs or other circumstances of either former spouse has occurred since the support order, or its last variation, was made, and must take that change into consideration (s. 17(4.1)).

Family Law Act. If support comes from a BC order under the Family Law Act, section 167 governs. On application, a court may change, suspend or terminate an order respecting spousal support, prospectively or retroactively (s. 167(1)). The court must first be satisfied that at least one of the following exists (s. 167(2)): a change in the condition, means, needs or other circumstances of either spouse since the order was made; evidence of a substantial nature that was not available at the previous hearing; or evidence of a lack of financial disclosure by either spouse discovered after the order was made.

If your support terms sit in an agreement rather than an order, the path is different: agreements are revisited through their own review terms, by negotiating new terms, or through the setting-aside provisions that apply to separation agreements.

What Counts as a Change in Circumstances?

Neither statute publishes a list. Both use the same broad words: a change in the condition, means, needs or other circumstances of either spouse. In practice, variation applications tend to be built on events like a lasting income change, serious illness, job loss, retirement, or the recipient becoming self-supporting. Whether a particular event meets the test depends on the facts, the wording of your order, and what was already expected when support was set. No page can tell you in advance how yours would land.

Our post on how to terminate your spousal support payments through variation walks through the application itself in more detail.

Does Remarriage Automatically End Spousal Support?

Neither the Divorce Act nor the Family Law Act says that spousal support ends automatically when the recipient remarries or moves in with a new partner. What the Family Law Act does say is that an agreement may provide for the circumstances under which support will change or end, expressly including if a spouse lives with another person or enters a new relationship (s. 163(1)).

So the first place to look is your own agreement or order. If it addresses repartnering, its terms govern. If it is silent, repartnering does not flip a switch; it becomes part of the picture a court considers on a variation or review, under the same change-of-circumstances language as everything else.

Orders with an End Date or End Event

Some orders provide for support for a definite period or until a specified event occurs; the Family Law Act expressly allows orders in that form (s. 170(a)). Both statutes then guard the endpoint. Once the period expires or the event occurs, a court may not resume support unless satisfied that the order is necessary to relieve economic hardship arising from a qualifying change related to the marriage or the relationship, and that the changed circumstances, had they existed originally, would likely have produced a different order (Divorce Act s. 17(10); Family Law Act s. 167(3)).

In plain terms: a true end date usually holds, and reviving support after it has ended faces a higher bar than an ordinary variation.

The Routes to Ending Support

Pulling this together, spousal support in British Columbia typically ends in one of four ways:

1. By its own terms. The agreed or ordered period runs out, or the specified event occurs.
2. By agreement. The former spouses negotiate an end, often recorded in an updated separation agreement. Mediation is a practical way to get there without court.
3. On a review. If the agreement or order contains a review term, support can be confirmed, changed, or ended through that process (Family Law Act, s. 168).
4. By court order. A variation application under Divorce Act s. 17 or Family Law Act s. 167 asks a judge to reduce, suspend, or terminate support based on what has changed.

None of these routes is "just stop paying." An existing order stays binding until changed, and unpaid support becomes arrears that follow you.

Frequently Asked Questions

Can I Just Stop Paying Spousal Support in BC?

No. A court order remains in force until a court changes or terminates it, and a written support agreement filed in court is enforceable as if it were an order (Family Law Act, s. 163(3)). Stopping unilaterally builds arrears and invites enforcement. Get advice first, then pursue a negotiated change, review, or variation application.

Does My Ex Getting a Job Mean Support Ends?

Not automatically. A lasting change in the recipient's means can ground a variation application, but the outcome depends on the facts, the reason support was ordered, and the terms of your order or agreement.

What If My Order Already Says Support Ends on a Set Date?

Then it ends on that date unless a court orders otherwise before or, in narrow hardship circumstances, after. Once a definite period has expired, both statutes restrict resuming support to cases of economic hardship flowing from a qualifying change related to the relationship (Divorce Act s. 17(10); Family Law Act s. 167(3)).

Do I Need to Go to Court to Change Support?

Not always. Many changes are negotiated or mediated and recorded by consent. Court becomes necessary when the other side will not agree, or when you need the certainty of an order.

Talk to a Spousal Support Lawyer in Surrey for Free

If you want support varied or ended, or you are responding to someone who does, get advice before anything is filed or any payment is missed. The first 30 minutes with us are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey.

Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.