CanadaCan I modify my spousal support order if my ex-spouse's circumstances change?
Yes, you can ask a court to modify your spousal support order if there has been a material change in circumstances affecting either party.
What the Law Says
The federal Divorce Act sets out the legal test for changing a spousal support order after it’s been made.
Under section 17 of the Divorce Act, a court may vary, rescind, or suspend a spousal support order — but only if there is proof of a 'material change in circumstances.' This means the change must be significant, ongoing, and something that was not reasonably foreseeable when the original order was made.
The law applies to all spousal support orders made under the Divorce Act (i.e., for married couples who divorced federally). It does not apply to common-law partners — their rights depend on provincial family law.
Statutory TextCourt may vary, rescind or suspend a support or parenting order on proof of a material change in circumstances.
— Divorce Act, s. 17 — Variation orders
What Courts Have Said
The Supreme Court of Canada recently clarified how courts assess 'material change' in variation applications.
The Court reaffirmed that a material change must be substantial, unforeseeable at the time of the original order, and directly affect the ability to pay or need for support — such as retirement, serious illness, or permanent job loss.
What to Do
Gather clear evidence of the material change (e.g., medical reports, income statements, employment records)
File an application to vary the support order in the same court that made the original order
Serve your ex-spouse with the application and supporting documents
Attend a case conference or hearing — be ready to prove the change is material and ongoing
Sources
Same Question, Other Jurisdictions
Australia
US-California
US-New York
South KoreaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.