Difference between revisions of "Spousal Support"

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Spousal Support (view source)

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Although anyone who was in a married or unmarried spousal relationship can ''apply'' for spousal support, it's important to know that there is no automatic ''right'' to receive support just because of the relationship. Whether spousal support will be paid, and, if so, how much will be paid, always depends on the particular circumstances of each couple.
Although anyone who was in a married or unmarried spousal relationship can ''apply'' for spousal support, it's important to know that there is no automatic ''right'' to receive support just because of the relationship. Whether spousal support will be paid, and, if so, how much will be paid, always depends on the particular circumstances of each couple.
There are also limitation periods for applying, which are of particular concern for unmarried spouses.


This section provides an introduction to the law on spousal support. It also looks at what happens when a potential recipient applies for social assistance, and reviews the income tax consequences of spousal support payments. The other sections in this chapter explore issues about spousal support [[Basic Principles of Spousal Support|in more detail]], including the [[The Spousal Support Advisory Guidelines|Spousal Support Advisory Guidelines]], [[Making Changes to Spousal Support|making changes to spousal support]], and the problem of [[Spousal Support Arrears|arrears of spousal support]].
This section provides an introduction to the law on spousal support. It also looks at what happens when a potential recipient applies for social assistance, and reviews the income tax consequences of spousal support payments. The other sections in this chapter explore issues about spousal support [[Basic Principles of Spousal Support|in more detail]], including the [[The Spousal Support Advisory Guidelines|Spousal Support Advisory Guidelines]], [[Making Changes to Spousal Support|making changes to spousal support]], and the problem of [[Spousal Support Arrears|arrears of spousal support]].
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==An introduction to spousal support==
==An introduction to spousal support==


Spousal support is paid for one of two reasons: to help the recipient get by as a single person without the benefit of the payor's income and other household contributions; or to compensate the recipient for financial decisions made by the spouses during their relationship.
Merely being in a spousal relationship, whether married or unmarried, does not automatically establish a right to life-long support. When a spousal relationship ends, each party needs to become financially independent and self-sufficient as soon as possible. As the judge said in the 1997 Supreme Court case of ''[http://canlii.ca/t/1f4h7 Dumais-Koski v. Koski]'', 1997 CanLII 3816 (BC SC):
 
No matter if one spouse was working during the relationship or both worked, the fact is that during the relationship there was only one mortgage payment to make, only one hydro bill and only one cable <span class="noglossary">bill</span>. After the relationship ends, there are two rent payments, two hydro bills and two sets of groceries to buy, all of which must be paid out of the same pool of income that supported the family before separation.
 
To be clear, merely being in a spousal relationship, whether married or unmarried, does not automatically establish a right to life-long support. When a spousal relationship ends, each party needs to become financially independent and self-sufficient as soon as possible. As the judge said in the 1997 Supreme Court case of ''[http://canlii.ca/t/1f4h7 Dumais-Koski v. Koski]'', 1997 CanLII 3816 (BC SC):


<blockquote>"Marriage is not a legal institution created for the redistribution of wealth."</blockquote>
<blockquote>"Marriage is not a legal institution created for the redistribution of wealth."</blockquote>
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Spousal support is available for all spouses, whether of the same or opposite sexes, and can be required by a court order or agreed to by a separation agreement.
Spousal support is available for all spouses, whether of the same or opposite sexes, and can be required by a court order or agreed to by a separation agreement.
===Limitation periods===
There is no limitation period for bringing a claim for spousal support under the ''Divorce Act''.  It can be brought before or after an order of divorce.  Nonetheless, the longer a spouse or former spouse waits, the less likely he or she will succeed.
The limitation period under the ''Family Law Act'' is two years from the date of separation for unmarried spouses and two years from the date of divorce for legally married spouses.  Unmarried spouses used to have a one year limitation period under the former ''Family Relations Act'', which did catch some people out.  Even at two years, the limitation period can be deceptively short—especially if there is some dispute about when the parties separated.
There are some — though limited — circumstances where the limitation period can be extended, including where the parties enter into formal ''[[Family_Law_Act_Basics#Out-of-court_processes | family dispute resolution]]'' as defined in the ''Family Law Act'', or where the paying spouse acts or speaks in such a way as to lead the recipient spouse to believe that the limitation period will not be relied on.


===Establishing an entitlement to support===
===Establishing an entitlement to support===
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