5,483
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 19:08, 27 June 2017
, 19:08, 27 June 2017no edit summary
Nate Russell (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 18: | Line 18: | ||
#Is the person applying in time? That is, do they fit within the applicable ''limitation period''? | #Is the person applying in time? That is, do they fit within the applicable ''limitation period''? | ||
#Has the person demonstrated an ''entitlement'' to spousal support? | #Has the person demonstrated an ''entitlement'' to spousal support? | ||
# | #If all of the above are answered, “yes”, 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: | 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: | ||
| Line 24: | Line 24: | ||
# a spouse has suffered economic loss or hardship as a result of the relationship or the breakdown of the relationship (called compensatory entitlement), | # 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 | # 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 spouse is in financial need after separation and the other spouse has the ability and disposable income to meet that need (needs-based entitlement). Need, in this context, is not limited to the basic necessities, but can mean being unable to maintain the prior married standard of living without assistance. | ||
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. | ||
| Line 76: | Line 76: | ||
===Spousal support and the division of property=== | ===Spousal support and the division of property=== | ||
The issues of spousal support and the division of the family property are somewhat intertwined. | The issues of spousal support and the division of the family property are somewhat intertwined. Before the Family Law Act, the court had to turn its mind to the question of spousal support after the family property, if any, had been divided between the parties. In other words, the division of property might have been adjusted in such a way as to have a direct effect on the support recipient’s need for support. There may be no need, or the amount of support required may be simply a "top up" to the order for property division for the objects of spousal support to be met. | ||
Now, the order is reversed. The court considers spousal support first and if, say, the paying spouse did not have the means to pay proper support, the court may adjust property division to redress the balance. | |||
===Spousal support, fault and misconduct=== | ===Spousal support, fault and misconduct=== | ||
| Line 98: | Line 98: | ||
<blockquote><blockquote><tt>(b) affects the ability to provide spousal support.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) affects the ability to provide spousal support.</tt></blockquote></blockquote> | ||
In other words, under the ''Family Law Act'', the court cannot consider misconduct | In other words, under the ''Family Law Act'', the court cannot consider misconduct generally (the same as under the ''Divorce Act''), but the court can look at the effects of the parties' behaviour on whether the recipient is doing the things that need to be done to become economically self-sufficient or whether the payor is being undermined in his or her ability to pay support. | ||
===Securing a spousal support obligation=== | ===Securing a spousal support obligation=== | ||
| Line 175: | Line 175: | ||
*s. 167: varying spousal support orders | *s. 167: varying spousal support orders | ||
*s. 168: review of spousal support | *s. 168: review of spousal support | ||
*s. 170: things that may be included in support orders | |||
*s. 171: support obligations after death (of payor) | |||
*s. 172 and 173: spousal support and child support | |||
*s. 174: cancellation or reduction of arrears | |||
*s. 198: time limits | |||
==Calculating spousal support== | ==Calculating spousal support== | ||
| Line 347: | Line 352: | ||
{{REVIEWED | reviewer = [[David Dundee]], | {{REVIEWED | reviewer = [[David Dundee]], June 9, 2017}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||