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Difference between revisions of "Basic Principles of Spousal Support"
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Basic Principles of Spousal Support (view source)
Revision as of 19:02, 3 June 2015
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===The ''Divorce Act''=== | ===The ''Divorce Act''=== | ||
====Standing | ====Standing and the ''Divorce Act''==== | ||
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 in order to have standing. | |||
====Limitation | ====Limitation periods 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 ''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. | ||
====Entitlement | ====Entitlement and 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 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. | ||
====Amount and duration of support==== | |||
[[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''=== | ||
====Standing under the ''FLA''==== | |||
If the claim is being made under the provincial ''[[Family Law Act]]'', spousal support is available for married and unmarried spouses. For unmarried spouses, spousal support may be payable, providing that: | If the claim is being made under the provincial ''[[Family Law Act]]'', spousal support is available for married and unmarried spouses. For unmarried spouses, spousal support may be payable, providing that: | ||
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#the parties lived in a marriage-like relationship for less than two years and have a child together. | #the parties lived in a marriage-like relationship for less than two years and have a child together. | ||
====Limitation period==== | |||
Married spouses must start a court proceeding claiming spousal support within two years of the date of their ''divorce'' or an order ''annulling'' their marriage. Unmarried spouses must start a court proceeding within two years of the date of their ''separation''. | Married spouses must start a court proceeding claiming spousal support within two years of the date of their ''divorce'' or an order ''annulling'' their marriage. Unmarried spouses must start a court proceeding within two years of the date of their ''separation''. | ||
====Entitlement==== | |||
The objectives that the court will look at in deciding whether a spouse is entitled to spousal support are set out at s. 161 of the ''[[Family Law 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. 162. The ''[[Family Law Act]]'' objectives and factors for spousal support are the same as the ''[[Divorce Act]]'' objectives and factors | |||
The objectives that the court will look at in deciding whether a spouse is entitled to spousal support are set out at s. 161 of the ''[[Family Law 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. 162. | |||
====Amount and duration==== | |||
[[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. | |||
===June and Ward Cleaver: An explanation of spousal support=== | ===June and Ward Cleaver: An explanation of spousal support=== | ||