7,366
edits
Difference between revisions of "Basic Principles of Spousal Support"
Jump to navigation
Jump to search
Basic Principles of Spousal Support (view source)
Revision as of 00:02, 3 June 2015
, 00:02, 3 June 2015no edit summary
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) |
||
| Line 13: | Line 13: | ||
==Introduction== | ==Introduction== | ||
When analyzing a spousal support claim, the court will consider the following questions: | |||
#a spouse has suffered economic loss or hardship as a result of the relationship or the breakdown of the relationship, | #Is the person applying as a ''spouse''? That is, do they fit within the category of persons allowed to apply? | ||
#there is a contract between the | #Is the person applying in time? That is, do they fit within the applicable ''limitation period''? | ||
#a spouse is in financial need after separation and the other spouse has the ability and disposable income to meet that need. | #Has the person demonstrated an ''entitlement'' to spousal support? | ||
#What is the appropriate ''amount'' and ''duration'' of support? | |||
The first two vary depending on which act the person is relying on. The third, entitlement, is common to both the ''Divorce Act'' and the ''Family Law Act''. Generally speaking, entitlement to spousal support is established where: | |||
# a spouse has suffered economic loss or hardship as a result of the relationship or the breakdown of the relationship (called compensatory entitlement), | |||
# there is a contract between the spouse that requires that spousal support be paid (contractual entitlement), or | |||
#a spouse is in financial need after separation and the other spouse has the ability and disposable income to meet that need (needs-based entitlement). | |||
A person who is claiming spousal support in court will generally wind up making his or her application based on one of these grounds. In determining whether the ground has been proven, the court will look at the factors and requirements set out in the relevant legislation. | A person who is claiming spousal support in court will generally wind up making his or her application based on one of these grounds. In determining whether the ground has been proven, the court will look at the factors and requirements set out in the relevant legislation. | ||
In BC, the amount and duration of support are largely determined with reference to [[The Spousal Support Advisory Guidelines]]. | |||
===The ''Divorce Act''=== | ===The ''Divorce Act''=== | ||
====Standing under the ''Divorce Act''==== | |||
''Standing'' refers to the right to bring a dispute under a particular act and before a particular court. If the claim for spousal support is being made under the federal ''[[Divorce Act]]'', the parties must be or have been married, and the person asking for spousal support must have lived in the province in which the court proceeding is started for at least a year before the proceeding is started. | |||
====Limitation period and the ''Divorce Act''==== | |||
The ''Divorce Act'' doesn't have any rule about when an application for support can be brought following divorce. Under the ''Divorce Act'', a spouse is always a spouse entitled to apply for support. Nonetheless, the court may dismiss a claim based on delay. (If you wait several years, the court may wonder whether you really needed support at all.) So, it is still important to pursue support as soon as reasonably possible. | |||
The objectives that the court will look at in deciding whether a spouse is entitled to spousal support are set out at s. 15.2(6) of the ''[[Divorce Act]]''. If a spouse is entitled to spousal support, the factors that the court will <span class="noglossary">review</span> to determine the amount of support and the length of time for which it should be paid are set out in s. 15.2(4). | ====Entitlement under the ''Divorce Act''==== | ||
The objectives that the court will look at in deciding whether a spouse is entitled to spousal support are set out at s. 15.2(6) of the ''[[Divorce Act]]''. If a spouse is entitled to spousal support, the factors that the court will <span class="noglossary">review</span> to determine the amount of support and the length of time for which it should be paid are set out in s. 15.2(4). [[The Spousal Support Advisory Guidelines]] may also be used to help decide how much support should be paid and for how long it should be paid. | |||
===The ''Family Law Act''=== | ===The ''Family Law Act''=== | ||