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Difference between revisions of "Basic Principles of Spousal Support"
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Basic Principles of Spousal Support (view source)
Revision as of 17:44, 17 March 2013
, 17:44, 17 March 2013→Introduction
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If the claim for spousal support is being made under the federal ''Divorce Act'', the parties must be or have been married, and the person asking for spousal support must have lived in the province in which the court proceeding is started for at least a year before the proceeding is started. | If the claim for spousal support is being made under the federal ''Divorce Act'', the parties must be or have been married, and the person asking for spousal support must have lived in the province in which the court proceeding is started for at least a year before the proceeding is started. | ||
The objectives that the court will look at in deciding whether | The objectives that the court will look at in deciding whether a spouse is entitled to spousal support are set out at s. 15.2(6) of the ''Divorce Act''. If a spouse is entitled to spousal support, the factors that the court will review to determine the amount of support and the length of tome for which it should be paid are set out at s. 15.2(4). The Spousal Support Advisory Guidelines may also be used to help decide how much support should be paid and for how long it should be paid. | ||
The Spousal Support Advisory Guidelines may also be used to help decide how much support should be paid and for how long it should be paid. | |||
===The ''Family Law Act''=== | ===The ''Family Law Act''=== | ||
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#the parties lived in a marriage-like relationship for less than two years and have a child together. | #the parties lived in a marriage-like relationship for less than two years and have a child together. | ||
Married spouses must start a court proceeding claiming spousal support within two years of the date of their ''divorce'' or an order ''annulling'' their marriage. Unmarried spouses must start a court proceeding within two years of the | Married spouses must start a court proceeding claiming spousal support within two years of the date of their ''divorce'' or an order ''annulling'' their marriage. Unmarried spouses must start a court proceeding within two years of the date of their ''separation''. The ''Divorce Act'' doesn't have any rule about when an application for support can be brought following divorce; under that law, a spouse is always a spouse entitled to apply for support. | ||
The | The objectives that the court will look at in deciding whether a spouse is entitled to spousal support are set out at s. 161 of the ''Family Law Act''. If a spouse is entitled to spousal support, the factors that the court will review to determine the amount of support and the length of tome for which it should be paid are set out at s. 162. The Spousal Support Advisory Guidelines may also be used to help decide how much support should be paid and for how long it should be paid, | ||
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The Supreme Court of Canada, in a 2006 decision called Leskun v. Leskun, confirmed that the conduct of the spouses must not be taken into consideration in making a decision about whether spousal support should be paid following the end of their marriage. | The Supreme Court of Canada, in a 2006 decision called Leskun v. Leskun, confirmed that the conduct of the spouses must not be taken into consideration in making a decision about whether spousal support should be paid following the end of their marriage. | ||
==Spousal Support under the Divorce Act== | |||
Section 15.2(4) of the Divorce Act sets out the factors a court must take into consideration when making an order for spousal support: | Section 15.2(4) of the Divorce Act sets out the factors a court must take into consideration when making an order for spousal support: | ||
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Back to the top of this chapter. | Back to the top of this chapter. | ||
==Spousal Support under the Family Relations Act== | |||
The factors under the Family Relations Act which suggest someone is entitled to receive support are set out in s. 89(1) of the act: | The factors under the Family Relations Act which suggest someone is entitled to receive support are set out in s. 89(1) of the act: | ||
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Back to the top of this chapter. | Back to the top of this chapter. | ||
==Calculating Spousal Support== | |||
It is difficult to predict how much spousal support will be paid in any given case. You can, however, get a rough idea by looking at each party's reasonable expenses and the disposable income available to the payor. (You should also look at the Spousal Support Advisory Guidelines, which lawyers and the court routinely rely on to determine spousal support payments. These are discussed in the next chapter, Spousal Support > The Advisory Guidelines.) | It is difficult to predict how much spousal support will be paid in any given case. You can, however, get a rough idea by looking at each party's reasonable expenses and the disposable income available to the payor. (You should also look at the Spousal Support Advisory Guidelines, which lawyers and the court routinely rely on to determine spousal support payments. These are discussed in the next chapter, Spousal Support > The Advisory Guidelines.) | ||
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Back to the top of this chapter. | Back to the top of this chapter. | ||
==Spousal Support Orders and Agreements== | |||
Spousal support is a very gray area of the law, with few hard and fast rules. As a result, every order or agreement for spousal support will be tailored to the particular circumstances of the parties. | Spousal support is a very gray area of the law, with few hard and fast rules. As a result, every order or agreement for spousal support will be tailored to the particular circumstances of the parties. | ||
