Tariff Trepidation: Weigh the Impact on Spousal Support Before Relocating to a Lower-Cost City 

• 
  Katrina Wiegers
  Lawyer

With cost of living in major Canadian cities rising dramatically, more Canadians are leaving for lower costs. When a recipient of spousal support moves to a lower-cost city due to escalating living expenses, a common question emerges: Can spousal support be reduced because of the decreased cost of living in the new location?

While the issue has been touched on in a few Ontario cases, it remains somewhat underdeveloped in the case law. Generally, the courts do not treat the cost of living argument in isolation but rather consider it in combination with other factors. There is no clear formula or test to determine how a relocation affects spousal support, but certain principles can be observed. 

Relative Living Costs may be Taken into Account 

For instance, in the 2022 case of M.K. v. K.M., the ex-wife planned to return to Poland with the parties’ child. The husband agreed that she was entitled to spousal support regardless of her country of residence but argued that if she moved to Poland, she should receive the minimum of the support range due to Poland’s lower cost of living and her guaranteed employment. The court considered factors such as the wife’s ability to re-establish herself and the relative living costs in Poland when ordering support. 

The Evidentiary Burden  

In other instances, arguments for reducing spousal support due to a lower cost of living have often failed due to insufficient evidence. Courts are hesitant to adjust spousal support simply based on a change in location, especially if the party seeking an adjustment cannot provide compelling evidence to support the claim. 

In Romita v. Humphries (2018), the mother, after the separation, considered moving with their child to Deer Lake, Newfoundland. The father argued that the lower cost of living in Newfoundland, along with free housing from family, justified a significant reduction in spousal support from $1,000 per month to $250. The judge, however, ruled that $500 per month, at the low end of the Spousal Support Advisory Guidelines (SSAG), was appropriate, taking into account the mother’s access to child support and the low cost of living.  

Conclusion: Stability for the Recipient is a High Priority 

The common theme in these cases is that while relocation to a lower-cost area can affect spousal support, courts tend to favor the stability provided by the SSAG and are cautious about making drastic reductions. Unless there is compelling evidence of a significant change in financial circumstances, support amounts generally remain within the range suggested by the guidelines. A solid case with strong evidence is essential to persuade the court to depart from the SSAG. Contact Mckenzie Lake Lawyers for a consultation to find out if you have a strong case.  

This article was written by Family Law Lawyer, Katrina Wiegers.

If you require assistance with any Family Law matter, speak to a Family Lawyer at McKenzie Lake Lawyers LLP by calling (519) 672-5666.