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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 16:38, 15 May 2019
, 16:38, 15 May 2019→Limitation period
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That could be moving into the guest room, or to the couch. Spouses can be separated while still living under the same roof. Two years from the date of separation – especially where ``separation`` can be uncertain – is a short period of time. It can take you by surprise and sneak up on you, especially if it `feels` like you are still together, even if desperately unhappy. If there is any doubt whether you have been separated, seek legal advice. | That could be moving into the guest room, or to the couch. Spouses can be separated while still living under the same roof. Two years from the date of separation – especially where ``separation`` can be uncertain – is a short period of time. It can take you by surprise and sneak up on you, especially if it `feels` like you are still together, even if desperately unhappy. If there is any doubt whether you have been separated, seek legal advice. | ||
In certain cases, if a former spouse has been led by the other spouse to feel they are still together, or that the other spouse will not take advantage of the limitation period, the other spouse my be prevented (``estopped``) from relying on the limitation period. Such will be the case, for example, where the other spouse makes voluntary support payments: [http://canlii.ca/t/1f3ss Pierce v Pierce], 1997 CanLII 2583. But do not place all your hopes in this | In certain cases, if a former spouse has been led by the other spouse to feel they are still together, or that the other spouse will not take advantage of the limitation period, the other spouse my be prevented (``estopped``) from relying on the limitation period. Such will be the case, for example, where the other spouse makes voluntary support payments: [http://canlii.ca/t/1f3ss Pierce v Pierce], 1997 CanLII 2583. But do not place all your hopes in this basket. If there is talk of separation, better to know your rights than be sorry you didn’t. | ||
The limitation period will also be suspended for so long as the parties engage in ``family dispute resolution with a family dispute resolution professional``. These are defined terms and regrettably do not apply to all efforts to resolve the dispute out of court. | The limitation period will also be suspended for so long as the parties engage in ``family dispute resolution with a family dispute resolution professional``. These are defined terms and regrettably do not apply to all efforts to resolve the dispute out of court. | ||
====Entitlement==== | ====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. The ''[[Family Law Act]]'' objectives and factors for spousal support are the same as the ''[[Divorce Act]]'' objectives and factors | ||