What is the test for a variation application to a 1990 spousal support order?

Saskatchewan, Canada


The following excerpt is from Leepart v. Leepart, 1999 SKQB 211 (CanLII):

The applicant has met the threshold for a variation application and demonstrated a material change in circumstances since the spousal support order was last revised. The terms of the agreement of the parties initially fixing the amount of spousal support specifically provides for a variation on the basis of a substantial change in the future financial positions of the parties. Considering all the factors set out in Bracklow v. Bracklow, supra, and the means and needs of the parties and the changes to their financial positions, the 1990 spousal support should be varied downwards but should not be terminated. Nor should the adjustment be made retroactive to the date of the application. An adjustment period is also called for in the circumstances.

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