Difference between revisions of "Spousal and Child Support (3:X)"

There are three bases for entitlement to spousal support: (1) Compensatory (to compensate one spouse who was economically disadvantaged as a result of the role that spouse took on during the relationship); (2) Non-compensatory (need based); and (3) Contractual (i.e. if there was a marriage or cohabitation agreement setting out terms for support). Once a party has met the requirement of demonstrating entitlement, you move to the calculation of quantum. When determining quantum of support one factor to be considered is whether the needs of the recipient spouse have been met by the division of assets however if support is compensation based then even if the recipient receives significant assets that is not a basis to reduce support (See ''Chutter v Chutter'' [2009] CarswellBC 1028 (BCCA)). Typically the way this is addressed is to determine what income a party can reasonable earn from the assets received on division and to take that into account in calculating the quantum of support.