Can support be modified or stopped?

Yes. The important factor to consider in a variation of spousal support is whether there has been a material change in the dependant’s or the respondent’s circumstances or that new evidence has come to light that was not available at the previous determination of support. The section of the Family Law Act which deal with this is s.37(2) and it is the same section with deals with varying child support. The Divorce Act, s.17(4.1) has similar requirements for the variation of spousal support, and requires a change in the condition, means, needs or other circumstances of either spouse that has occurred since the spousal support order. Whether a particular event constitutes a material change in circumstances is dependent on the specific facts of each case, but some examples are: a large financial change in circumstances; the end of child support obligations; the birth of a child in the payor’s second marriage; lack of effort on the part of the recipient to become employed.