Determining Material Change In Circumstances In Spousal Support Variation Applications

In L.M.P. v. L.S., 2011 SCC 64, the wife appealed a judgment from the Quebec Court of Appeal,  which affirmed a decision reducing and then terminating her spousal support. The wife was diagnosed with multiple sclerosis shortly after the parties were married. During the marriage, the husband pursued his career and the wife maintained the home and cared for the children. The parties were divorced in May 2003, after a 15-year marriage. They entered into a separation agreement which included a provision for indexed spousal support, initially in the amount of $3,688 per month.

In 2007, the wife brought a variation application under section 17 of the Divorce Act (Canada) and sought retroactive and prospective increase in child support. The husband brought a cross application to reduce and ultimately terminate spousal support. The husband argued that the deterioration in his financial circumstances was a material change in circumstances. The Trial Judge did not agree with