2,667
edits
Difference between revisions of "Basic Principles of Spousal Support"
From Clicklaw Wikibooks
Basic Principles of Spousal Support (view source)
Revision as of 18:27, 17 March 2013
, 18:27, 17 March 2013→Spousal Support under the Divorce Act
| Line 69: | Line 69: | ||
In other words, like the ''Divorce Act'', the court cannot consider misconduct in relation to the relationship, but the court can look at the parties' behaviour after they separate, and whether the recipient is doing the things that need to be done to become economically self-sufficient or the payor is doing things that undermine his or her ability to pay support. | In other words, like the ''Divorce Act'', the court cannot consider misconduct in relation to the relationship, but the court can look at the parties' behaviour after they separate, and whether the recipient is doing the things that need to be done to become economically self-sufficient or the payor is doing things that undermine his or her ability to pay support. | ||
==Spousal Support | ==The Objectives and Factors of Spousal Support== | ||
Under s. 160 of the ''Family Law Act'', when a spouse applies for spousal support, the court must determine whether he or she is entitled to support by considering the ''objectives'' set out in s. 161. If entitled is found, the court must then determine how much support should be paid and for how long by considering the ''factors'' set out in s. 162. | |||
Section 15.2(6) of the ''Divorce Act'' and s. 161 of the ''Family Law Act'' set out the objectives for a spousal support order: | |||
( | |||
Section 15.2( | <blockquote><tt>(a) to recognize any economic advantages or disadvantages to the spouses arising from the relationship between the spouses or the breakdown of that relationship;</tt></blockquote> | ||
<blockquote><tt>(b) to apportion between the spouses any financial consequences arising from the care of their child, beyond the duty to provide support for the child;</tt></blockquote> | |||
<blockquote><tt>(c) to relieve any economic hardship of the spouses arising from the breakdown of the relationship between the spouses; and</tt></blockquote> | |||
<blockquote><tt>(d) as far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.</tt></blockquote> | |||
The first three objectives are fairly straightforward and are self-explanatory. The last one deserves some comment however. The effect of s. 15.2(6)(d) and s. 161(d) is to impose almost an obligation on a recipient to make his or her best efforts to become self-sufficient at some point following separation. A spousal relationship is not intended to be a lifelong meal ticket; at some point, a dependent spouse must usually become independent. These sections of the ''Divorce Act'' and the ''Family Law Act'' allow the court to set a date on which spousal support payments will end, in the expectation that by the termination date the recipient will have taken whatever steps are necessary to retrain and find a job which allows him or her to meet his or her daily needs. While termination dates are often subject to change, unless the recipient is of an advanced age, the relationship was extraordinarily long, or the recipient has a serious medical condition or some other factor which prevents him or her from becoming independent, there will likely be an end date to support payments | |||
Section 15.2(4) of the ''Divorce Act'' and s. 162 of the ''Family Law Act'' set out the factors for a spousal support order | |||
<blockquote><tt>(a) the length of time the spouses cohabited;</tt></blockquote> | |||
<blockquote><tt>(b) the functions performed by each spouse during the period they lived together; and</tt></blockquote> | |||
<blockquote><tt>(c) an agreement between the spouses, or an order, relating to support of either spouse.</tt></blockquote> | |||
There are two remaining principles that you should know about: | There are two remaining principles that you should know about: | ||
