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By Laurie H. Pawlitza

Many payors of spousal support assume that when they retire, their obligation to pay support will stop.

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After all, each of the parties will have received their share of the assets accumulated during the relationship, including the retirement savings and pension. Payors frequently assume that each spouse is thus responsible for planning for his or her own retirement.

Unfortunately, this assumption is often wrong — at least if you live in Ontario.

Under the Divorce Act, if a payor wants to change a court order for spousal support, there must be a “material change in the means, needs, conditions or other circumstances of either party.”

The person seeking a change to the support payment has the onus to prove that the change is “material” and the court must be satisfied there has been a change since the prior order, that, if known at the time, would likely have resulted in a different order.