Difference between revisions of "Basic Principles of Spousal Support"

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Basic Principles of Spousal Support (view source)

Revision as of 18:34, 17 March 2013

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→‎Spousal Support under the Family Relations Act
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s. 15.3: child support has priority over spousal support
s. 15.3: child support has priority over spousal support
s. 17: proceedings to change a support order
s. 17: proceedings to change a support order
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==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:
A spouse is responsible and liable for the support and maintenance of the other spouse having regard to the following:
(a) the role of each spouse in their family;
(b) an express or implied agreement between the spouses that one has the responsibility to support and maintain the other;
(c) custodial obligations respecting a child;
(d) the ability and capacity of, and the reasonable efforts made by, either or both spouses to support themselves;
(e) economic circumstances.
Section 93(4) sets out the objectives of an order for spousal support:
If a spouse will be living separate and apart from the spouse against whom the application is made, the court may, as it considers appropriate, adjust the amount of its order under subsection (1) (b) to take into account the needs, means, capacities and economic circumstances of each spouse, including the following:
(a) the effect on the earning capacity of each spouse arising from responsibilities assumed by each spouse during cohabitation;
(b) any other source of support and maintenance for the applicant spouse;
(c) the desirability of the applicant spouse having special assistance to achieve financial independence from the spouse against whom the application is made;
(d) the obligation of the spouse against whom application is made to support another person;
(e) the capacity and reasonable prospects of a spouse obtaining education or training.
The spousal support provisions of the Family Relations Act are almost identical to those of the Divorce Act, and, like the Divorce Act, the Family Relations Act also provides that:
the court must, under s. 93.2, give priority to child support where a payor cannot afford to pay both spousal support and child support; and,
under s. 89(2), a spouse is required to become self-sufficient.
However, the Family Relations Act is unique in providing, at s. 96(5), that:
If the court finds that a spouse or former spouse is not making reasonable efforts under subsection (4), the court may reduce the amount of maintenance payable on behalf of the spouse or former spouse under a maintenance order.
This section allows the court reduce a support order if the recipient isn't making a genuine effort to become financially independent.
A. Statutory Provisions
These are the primary sections of the Family Relations Act dealing with spousal support.
s. 1: definitions
s. 9: interim orders
s. 20: changing or cancelling orders
s. 89: the obligation to support a spouse
s. 91: who may apply for a spousal support order
s. 93: support orders generally
s. 96: variation proceedings
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