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Difference between revisions of "Family Law Act Basics"
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→The law about spousal support
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*unmarried spouses have to start a proceeding for spousal support within two years of the date they separated. | *unmarried spouses have to start a proceeding for spousal support within two years of the date they separated. | ||
Remember that there are no limits to when married spouses can ask for spousal support under the ''Divorce Act''. | Remember that these limits are for the ''Family Law Act'' — there are no limits to when ''married'' spouses can ask for spousal support under the ''Divorce Act''. | ||
It's important to know that under section 198(5), the two-year countdown from the date of divorce or separation stops while the spouses are trying to resolve their dispute outside of court with the help of a family justice counsellor, a mediator, a lawyer, or an arbitrator. | It's important to know that under section 198(5), the two-year countdown from the date of divorce or separation stops while the spouses are trying to resolve their dispute outside of court with the help of a family justice counsellor, a mediator, a lawyer, or an arbitrator. | ||
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The amount of spousal support to be paid and the duration that it should be paid for is often determined using the [http://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/index.html Spousal Support Advisory Guidelines]. The Advisory Guidelines is not a law like the Child Support Guidelines and is not mandatory. The ''Family Law Act'' does not mention the Advisory Guidelines. However, the Advisory Guidelines can be very helpful to figure out how much should be paid and how long it should be paid for. | The amount of spousal support to be paid and the duration that it should be paid for is often determined using the [http://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/index.html Spousal Support Advisory Guidelines]. The Advisory Guidelines is not a law like the Child Support Guidelines and is not mandatory. The ''Family Law Act'' does not mention the Advisory Guidelines. However, the Advisory Guidelines can be very helpful to figure out how much should be paid and how long it should be paid for. | ||
More information about spousal support is available in the [[Spousal Support]] chapter and the section on the [[ | More information about spousal support is available in the [[Spousal Support]] chapter and the section on the [[The Spousal Support Advisory Guidelines|Advisory Guidelines]]. | ||
===Is a spouse’s conduct taken into account?=== | ===Is a spouse’s conduct taken into account?=== | ||
Under the ''Divorce Act'', the court is not allowed to consider a | Under the ''Divorce Act'', the court is not allowed to consider a spouse's behaviour during the marriage when making an order about spousal support. The same thing is generally true under the ''Family Law Act'', except that under this act the court can take into account misconduct that: | ||
*unreasonably prolongs a | *unreasonably prolongs a spouse's need for support, or | ||
*unreasonably undermines a | *unreasonably undermines a spouse's ability to pay support. | ||
In other words, the court can look at whether a spouse is being unreasonable in not becoming financially self-sufficient and whether a spouse has reduced work hours, quit a job, or refused to take a job in order to avoid paying support. | In other words, the court can look at whether a spouse is being unreasonable in not becoming financially self-sufficient and whether a spouse has reduced work hours, quit a job, or refused to take a job in order to avoid paying support. | ||
