What factors must be considered in a variation application under the Divorce Act?

Alberta, Canada


The following excerpt is from Wooldridge v. Wooldridge, 1999 ABCA 124 (CanLII):

When a review is prescribed in an Agreement such as this, it cannot take place in a vacuum. In the absence of any procedural or substantive provisions in the Agreement itself, it is consistent with the parties’ reasonable expectations that the factors which govern a variation application under the Divorce Act should also govern the review. As for the factors to be taken into account, there is a body of legislative and common law material dealing with the relevant considerations in assessing or re-assessing, as the case may be, orders for corollary relief such as spousal support. What is clear from the cases is that the promotion of economic self-sufficiency is but one factor in the inquiry and it is no longer the predominate goal of spousal support arrangements: see Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813.

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