What is the purpose of a spousal support order?

The purpose of a spousal support order and any subsequent variation is to fairly and equitably share the economic consequences arising from the marriage and its breakdown, as set out in Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813 at 848-849. A compensatory spousal support award should continue until the economic consequences of the marriage have been redressed, as set out in Tedham v. Tedham, 2005 BCCA 502 at paras. 58 to 60.

There is a heavy burden on a party seeking to reduce or cancel arrears of support. To reduce or cancel arrears, an applicant must demonstrate first, that there has been a significant and long-lasting change in circumstances, and second, that it would be grossly unfair not to cancel the arrears. Generally, arrears will be cancelled only if the applicant can show that there is an inability to pay now or in the future. See Semancik v. Saunders, 2011 BCCA 264 at para. 25.