SPOUSAL SUPPORT

There are three important factors that need to be considered when dealing with spousal support and these are entitlement, need and ability to pay.

s.15.2(4) of the Divorce Act states that the court must consider the following factors prior to making a support Order:

(a)    the length of time that the spouses cohabited;

(b)   the roles assumed by the spouses during their relationship;

(c)    any Order or agreement with respect to spousal support;

s.15.2(6) of the Divorce Act provides that the objectives of a support order is as follows:

(a)    recognize any economic advantages or disadvantages to the parties arising from the marriage or its breakdown;

(b)   apportion between the spouses any financial consequences arising from the care of a child;

(c)    relieve any economic hardship to the spouses arising from the breakdown of the marriage; and,

(d)   promote the economic self-sufficiency of each spouse within a reasonable period of time.

In January 2005, the spousal support advisory guidelines were introduced in an effort to simplify calculating the quantum of spousal support.  These Guidelines were drafted by experienced family law academics, practitioners and Judges in order to try to take some of the guess work out of calculating spousal support. 

These Guidelines are not binding on the courts (unlike the FCSG), but are simply available for lawyers and the courts  to try to determine the fair amount of spousal support that could possibly be awarded based on a number of factors, including the length of the marriage, the parties income, children etc.. 

It is possible that if the marriage is a “traditional long term marriage” (ie. the Husband works and financially supports the family while the Wife stays at home to care for the household and the children), it is likely that a court would try to “equalize” the parties net disposable income.  In other words, the ideal result would be to have both parties end up with 50% of the total net disposable income.  It is possible that the recipient of support, if there are children, may well end up with far more than 50% of the party’s net disposable income.  However, there are a a number of factors to be considered in assessing spousal support and each individual case needs to be considered based on the particular facts of the case.

                     

NOTE - This article is not intended to provide legal advice and should not be relied upon as such. The purpose of this article is to provide general information about Separation and Divorce. If you are intending to separate from your spouse or partner, or you have other family law problems, it is strongly recommended that you immediately obtain legal advice from a lawyer at LORNE FINE PROFESSIONAL CORPORATION, Barristers & Solicitors.  We would be pleased to assist you.