The Distinction Between a Review and a Variation of Spousal Support

The difference between a court order directing a review of spousal support and an order to vary support is critical and imperative to understanding what courses of action a judge can take in either circumstance.

If a judge has ordered to review support at some specific point in the future, then upon review, the case is completely reopened and the judge may take whatever measures he sees fit in accordance with the objectives of the Divorce Act.

In cases where a court is presented with a variation order of support, the judge is restrained from completely reopening and reviewing the case. The only option left for the court is to vary spousal support based on a material change in circumstance.

This distinction between a review and variation of spousal support was demonstrated in the case of Marche v. Wagstaff. In this case, the Court of Appeal sent the matter back to the trial court because, in its view, the trial judge had failed to apply the proper course of action when dealing with a variation of spousal support. The Court of Appeal ruled that allowing the husband to discontinue spousal support payments on the basis that his wife did not make a reasonable effort to seek employment was reopening the case which is a measure only allowed when reviewing support. Since the matter dealt with a mere variation of support, the only aspect the judge was allowed to take into account was the material change in circumstance.

To learn more about spousal support as well as the services provided by Krol & Krol, call 905.707.3370 today.