What is the test for a variation in spousal support?

British Columbia, Canada


The following excerpt is from S.J.M. v. J.L.M., 2010 BCSC 154 (CanLII):

The law is clear that either party can apply for a variation in spousal support if there is a material change which justifies a variation: Chalmers v. Chalmers, 2009 BCSC 517. Whenever Mr. S.J.M. retires, if his income is substantially decreased, it is open to him to argue that there has been a material change of circumstances warranting a variation of spousal support.

Other Questions


What is the range of spousal support awarded under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
What is the test for a spouse to apply for spousal support under the Spousal Support Review System? (British Columbia, Canada)
Can an initial determination of spousal support fall substantially above or below the range suggested by the Spousal Support Guidelines? (British Columbia, Canada)
What is the legal test for entitlement to spousal support under s. 15.2(6) of the Spousal Support Guidelines? (British Columbia, Canada)
In what circumstances will the Court use the Spousal Support Advisory Guidelines to determine the appropriate amount of support on variation applications? (British Columbia, Canada)
What is the range of spousal support awarded under the Spousal Support Advisory Guidelines? (British Columbia, Canada)
How have the courts in India considered the issue of non-compensation and compensatory support for the purposes of spousal support? (British Columbia, Canada)
What is the test for variation in a spousal support order? (British Columbia, Canada)
In what circumstances will a court order arrears of spousal support and child support against a husband who quit his job? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.