Basic Principles of Spousal Support: Difference between revisions
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Basic Principles of Spousal Support (view source)
Revision as of 23:59, 17 April 2013
, 17 April 2013→The objectives and factors of spousal support
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<blockquote><tt>(d) as far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.</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 | The first three objectives are fairly straightforward and are self-explanatory. The last one deserves some comment. | ||
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 | 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 |