Can a party to a spousal support order bring an application to vary it under s. 17(4.1) of the Divorce Act?
British Columbia, Canada
The following excerpt is from L.(H.) v. L.(M.H.), 2003 BCCA 484 (CanLII):
This Court commented on the difference between ss. 17(4.1) and 17(10) of the Act in Xu v. Leung, [2002] B.C.J. No. 131, at para. 11: Under the Divorce Act, a party to a spousal support order may apply to vary it upon showing a sufficient change in the condition, means, needs or circumstances of either spouse. An application to vary is brought either under s. 17(4.1) or s. 17(10). Section 17(10), which applies to term restricted spousal support, is more restrictive in its terms than s. 17(4.1), as it also requires that the change be related to the marriage.
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