What is the test for a change in a spousal support order?
Ontario, Canada
The following excerpt is from Mason v. Mason, 2016 ONCA 725 (CanLII):
For the purposes of s. 17(4.1), a change requiring a variation of a spousal support order must therefore be a change in the condition, means or other circumstances of a party that is of an unforeseen nature: see e.g. Zacharias v. Zacharias, 2015 BCCA 376 (CanLII), 389 D.L.R. (4th) 310, at para. 29. This interpretation makes it clear that the phrase “the condition, means … and other circumstances of each spouse” as it appears in s. 15.2(4) requires consideration of the assets and means the parties are likely to have in the future.
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