MAINTENANCE AND SUPPORT - Spousal support - Separation and settlement agreements - Variation or termination

Law360 Canada ( July 29, 2026, 9:33 AM EDT) -- Appeal by appellant from a variation order of the Court of King’s Bench (Family Division) that reduced spousal support on a graduated basis to a nominal amount following the termination of child support. The parties entered into a comprehensive separation agreement (agreement) incorporated into a final order, which provided for ongoing spousal support and limited termination to three specific events, being remarriage, cohabitation, or death. The agreement also contained a review clause permitting reconsideration of the quantum of spousal support upon cessation of child support, using the Spousal Support Advisory Guidelines (SSAG). After child support ended in 2023, the respondent applied to terminate spousal support, while the appellant sought an increase based on alleged disability and increased income of the respondent. The judge found the review clause was triggered, accepted that the respondent’s income increased, and expressed concern about the appellant’s efforts at self‑sufficiency. The judge ordered a gradual reduction of support to $1 per month. The appellant argued that this effectively terminated support contrary to the agreement and that the judge failed to properly apply the SSAG or provide reasoning for the amounts. The issues were whether the judge erred in treating a review of quantum as a termination of entitlement and whether the variation order was properly justified....
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