On a motion to change following a review clause in a divorce order, the payor spouse sought termination or reduction of spousal support, while the recipient sought increased support under the Spousal Support Advisory Guidelines.
The court determined the matter should proceed as a review rather than a variation, meaning no material change in circumstances was required.
After considering the Divorce Act factors, the parties’ long marriage, the recipient’s mental health conditions affecting employability, and the payor’s pension and employment income, the court increased spousal support.
Applying the SSAG without child support formula, the court set support at the midpoint of the guideline range and ordered indefinite duration due to the length of the marriage and the “rule of 65”.
