Does the mere passage of time or the normal process of aging constitute a material change in circumstances for a variation of a spousal support order?

Nova Scotia, Canada


The following excerpt is from Rondeau v. Rondeau, 2011 NSCA 5 (CanLII):

In Rushton v. Rushton, 2002 ABQB 1074, the court stated that neither the mere passage of time nor the normal process of aging amounted to a material change in circumstances: 27 Section 17(4.1) requires that there be a change in circumstances before a variation of a spousal support order can be made. This change of circumstances must be one that was not reasonably anticipated at the time the original order was made. Obviously the mere passage of time cannot suffice, as that would render the subsection meaningless. In addition, the normal process of aging, and the maturation of the family unit would not suffice as a change of circumstances, as such changes are universal.

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