Spousal Support: Variation, Retroactive Claims and Income Fluctuations
This paper addresses three issues related to spousal support. First, various arguments that may be advanced on an application to vary the terms of an agreement related to spousal support that have been incorporated into a court order, where the agreement and court order contain a threshold for a variation of those terms other than a “material change”, will be considered. Second, the paper examines cases addressing retroactive claims for spousal support. Finally, there will be a consideration of recent cases where courts have addressed fluctuations in a payor’s income.