Subsection 17(4.1) of the Divorce Act states that a previous spousal support order may be changed if the court is satisfied that a change in the condition, means, needs, or other circumstances of the parties has occurred.
The circumstances that are generally considered by the court includes loss of employment; attainment of employment; disability; and increment in income.
A recent Ontario Superior Court decision on this issue is Robitaille v. Trzcinski:Â http://www.canlii.org/en/on/onsc/doc/2015/2015onsc4621/2015onsc4621.html
There is a two step test for a variation order. First a court determines if conditions validating a variation exists and then the court determines how the order should be changed (L.M.P vs L.S 2011 SCC 64: http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/7982/index.do?r=AAAAAQAMTC5NLlAgdi4gTC5TAQ).
The onus of establishing that a variation has occurred is on the party seeking the variation order.
