Does Spousal Support End When You Remarry or Move In With Someone New?

Life moves on after separation. Sooner or later, one of you may remarry or start living with someone new, and the question of spousal support comes back to the table.

A new relationship can matter a great deal, but it is not an automatic off switch. This guide explains how BC law and the federal Divorce Act deal with re-partnering, what your agreement may already say, and the steps to take before anyone stops or changes payments.

The short answer: no automatic end

Neither the BC Family Law Act nor the federal Divorce Act says that spousal support stops the day a recipient remarries or moves in with someone. Support continues on the terms of the existing order or agreement until those terms are changed, either by a new agreement or by a court.

That cuts both ways. A payor cannot simply stop paying because the recipient has a new partner, and a recipient cannot assume support is safe because nothing has been filed yet.

Start with your paperwork: order or agreement, and which law

The first step is to find the document that sets out support and read it closely.

• A separation agreement. Section 163 (1) of the Family Law Act allows spouses to agree on the circumstances in which support will change or end, including if a spouse lives with another person or enters a relationship with a new spouse. If your agreement has a clause like this, it may answer the question directly.
• A Family Law Act order. If you were unmarried spouses, or married but support was ordered under BC law, changes are made under section 167 of the Family Law Act.
• A Divorce Act order. If support was ordered as part of a divorce, changes are made under section 17 of the Divorce Act.
• A review clause. Under section 168, an agreement or order can build in a review on a set date or after a specified event. Some use re-partnering as the trigger.

One clause is never enforceable: section 163 (1) provides that a condition requiring a spouse to abstain from sexual relations after separation is not binding.

The test for changing an order

Under both laws, the person asking for a change must show a change in circumstances since the order was made.

• Family Law Act s 167 (2). The court must be satisfied that there has been a change in the condition, means, needs or other circumstances of either spouse, that substantial new evidence has become available, or that a lack of financial disclosure was discovered after the order.
• Divorce Act s 17 (4.1). The court must be satisfied that a change in the condition, means, needs or other circumstances of either former spouse has occurred since the order or the last variation.

Both Acts allow the court to change, suspend or end support, and to do so retroactively or only from now on. Under the Divorce Act, a variation order should also reflect the purposes of support listed in section 17 (7), such as recognizing economic disadvantages from the marriage and promoting self-sufficiency where practicable.

How a new relationship can affect support

A new partner is a change in circumstances, but the real question is how much it changes the financial picture.

When the recipient re-partners

If the recipient now shares household costs with a new spouse, their needs may be lower. The objectives of spousal support in section 161 of the Family Law Act help explain why the effect varies. Support that mainly relieves economic hardship after the breakdown may be more affected by a new household than support that compensates for career sacrifices made during the relationship, which a new partner does not undo. The answer depends on the facts and on why support was awarded in the first place.

When the payor re-partners

A payor's new relationship does not usually reduce what they owe on its own. It may become relevant if it genuinely changes the payor's means or obligations, for example new dependants.

Is it really a new spouse?

Dating is not the same as a marriage-like relationship. Whether two people are living in a relationship that counts in law depends on the facts. Our guide to the marriage-like relationship test explains how BC courts look at it.

Time-limited support and agreements

If an order said support would run for a set period or end on a specified event, section 167 (3) of the Family Law Act and section 17 (10) of the Divorce Act make it hard to restart support after that point. A court can only do so to relieve economic hardship that arises from a change and is related to the relationship, and only if the change would likely have led to a different order in the first place.

Agreements follow a different path. A court can set aside or replace a witnessed written agreement on support under section 164, including where it has become significantly unfair in light of changes since it was signed. The court also weighs the intention to achieve certainty and how much the spouses relied on the terms. A clear re-partnering clause will usually carry weight.

Practical steps before anything changes

• Do not stop or reduce payments on your own. Arrears can build up and remain enforceable. A written support agreement filed in court is enforceable as if it were an order, including through the Province's maintenance enforcement program.
• Gather facts, not suspicions. Living arrangements, shared expenses and income changes matter more than social media posts.
• Ask for updated financial information. Changes are measured against both spouses' current circumstances.
• Try to agree first. A written amending agreement can avoid an application. If not, apply promptly, because the court can backdate changes.
• Keep child support separate. Child support follows its own rules, explained in our guide to how child support is calculated in BC.

For a broader look at the tests for changing support, see our guide to varying or ending spousal support in BC.

Has a new relationship changed your support picture? Find out where you stand

Our family lawyers can review your order or agreement, explain which test applies, and help you negotiate a change or bring an application to vary, suspend or end spousal support.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.