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Spousal support can have a large impact on your finances after you and your partner part ways. Spousal support is money paid by one spouse to another spouse after they separate or divorce. This payment is separate from any child support payment that may be required. The amount of money to be paid, and by whom, is normally determined by a spousal support order. Spousal support orders can be part of a court order, or may be incorporated into an agreement that you negotiate upon your separation. However, what happens when you want to change the amount of money you’re paying in spousal support?
There are many reasons individuals may feel the need to modify their spousal support orders. If their income, living situation, or other material circumstances have changed significantly, they may no longer be able to afford payments. Alternatively, if the partner receiving spousal support starts a new relationship or gets remarried, this may result in a change in circumstances requiring modification of the support order. It is important to know that individuals in Ontario can modify their spousal support orders in certain situations. Our family lawyer Evan Clemence provides an overview of how spousal support orders can be modified legally in Ontario.
At Gelman & Associates, our Toronto spousal support lawyers have years of experience navigating our clients’ rights and obligations when it comes to support orders. If you would like to modify your current support order, you should speak with our family law team as soon as possible. To discuss your legal options, schedule a consultation today.
When Can You Modify Your Spousal Support Order in Ontario?
There are multiple conditions under which an individual may request to modify their spousal support order. The most common reason for support modification is material changes in circumstances. This refers to situations where there has been a significant, lasting change in the life of the payor or recipient that was not anticipated. Examples of material changes in circumstances may include:
- Changes in income, where the payor’s income decreases or the recipient’s income increases
- Loss of employment
- Onset of disability
- Recipient achieves self-sufficiency
- Recipient remarries or cohabitates in a marriage-like relationship
- Changes in child support obligations
- And more
In some cases, separation agreements that outline spousal support obligations will include scheduled review dates. These are predetermined dates where both spouses are meant to reevaluate their circumstances and the amount of support owed. A payor may argue for a termination or reduction in spousal support. To avoid modifications, the recipient must be able to demonstrate that they have a continued need for financial support. If both parties can agree on a modification, they may update the amount owed in their agreement.
The Legal Process for Modifying Spousal Support Orders in Ontario
There are several steps you can take when you are seeking to modify your spousal support order in Ontario. With the help of an experienced family lawyer, you can better understand the process of modifying your spousal support efficiently and legally.
You may pursue a modification in your spousal support order through:
- Negotiation and Disclosure: You will need to notify your former spouse of the change in circumstances that warrants the adjustment. To provide evidence of this change, you may exchange financial disclosure documents such as tax returns, pay stubs, or proof of changes to your employment. During this step, you can engage in direct negotiation with your former spouse or through legal counsel.
- Mediation: Mediation is an alternative dispute resolution mechanism included in many separation agreements. It is an avenue by which parties can engage in further negotiations before they seek court intervention. During mediation, a neutral third-party will help you and your former partner reach an agreement on the modification to your spousal support order.
- Arbitration (If Necessary): Depending on your separation agreement, you may also be required to undergo arbitration if mediation fails. This is another step you can take before bringing your matter to court. A neutral arbitrator will assist in negotiations and make a legally binding decision upon their conclusion. This may or may not result in the modification to spousal support that you are seeking.
- File a Motion to Change: If negotiations fail and you would still like to modify your spousal support order, you will need to file a Motion to Change in family court. To do so, you must provide evidence of a material change in circumstances. The court will consider financial evidence, testimonies, and legal arguments when making a final decision. It is important to remember that by going to court, you are potentially risking paying high legal costs if your request is unsuccessful.
Laws surrounding spousal support orders and Motions to Change in Ontario can be complex. It is recommended that you work with an experienced family lawyer when you want to modify your spousal support order. At Gelman & Associates, our spousal support lawyers will be able to:
- Determine whether your circumstances qualify as a material change
- Gather and present all necessary financial documents to prove the material change
- Communicate with other parties to negotiate a new support payment and seek fair resolution
- Advocate for you in your court if your case escalates to litigation
- And more
Thinking About Modifying Your Spousal Support Order? Schedule a Consultation at Gelman & Associates Today
If you or your former spouse have experienced a material change in circumstances, you may be entitled to modify or end your spousal support obligations. Whether you would like to achieve this change through negotiation, mediation, arbitration, or in court, our family law lawyers at Gelman & Associates can assist.
With years of experience navigating spousal support orders in Ontario, our team can provide the legal guidance you need to navigate complex processes. To discuss your situation today, schedule a consultation with our family lawyers at Gelman & Associates.
