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Difference between revisions of "Spousal Support"
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*people who are married to each other, | *people who are married to each other, | ||
*people who have lived together in a ''marriage-like relationship'' for at least two years, | *people who have lived together in a ''marriage-like relationship'' for at least two years, | ||
*people who lived together in a marriage-like relationship for less two years and have a child together, and | *people who lived together in a marriage-like relationship for less than two years and have a child together, and | ||
*former spouses. | *former spouses. | ||
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Spousal support is paid for one of two reasons: | Spousal support is paid for one of two reasons: | ||
*to help the recipient maintain or approximate the marital standard of living after separation, or | |||
*to compensate the recipient for financial decisions made by the spouses during their relationship. | |||
The first type is usually | The first type is usually called ''needs-based support.'' The second is called ''compensatory support.'' | ||
Of course, some reduction in the marital standard of living is inevitable. 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 bill. 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. | Of course, some reduction in the marital standard of living is inevitable. 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 bill. 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. | ||
There is no automatic obligation to pay spousal support the way there is for child support. As a result, the entitlement of a spouse to receive spousal support will be decided on the particular circumstances of that person and their relationship with the other spouse. In general, the court will take into consideration the following factors, among many others: | There is no automatic obligation to pay spousal support the way there is for child support. As a result, the entitlement of a spouse to receive spousal support will be decided on the particular circumstances of that person and their relationship with the other spouse. In general, the court will take into consideration the following factors, among many others: | ||
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Once a spouse has established that they are entitled to receive spousal support, the question becomes how much support the spouse ought to get. | Once a spouse has established that they are entitled to receive spousal support, the question becomes how much support the spouse ought to get. | ||
The amount of spousal support payments is now generally calculated using the [[Spousal Support Advisory Guidelines]]. The Advisory Guidelines is an academic paper released by the federal Department of Justice which describes a number of mathematical formulas that calculate the amount of spousal support payments based on each person's income, the length of their relationship | The amount of spousal support payments is now generally calculated using the [[Spousal Support Advisory Guidelines]]. The Advisory Guidelines is an academic paper released by the federal Department of Justice which describes a number of mathematical formulas that calculate the amount of spousal support payments based on each person's income, the length of their relationship, the age of their children, and other factors. You can find the Guidelines in a separate section of this chapter. | ||
The amount of spousal support is also calculated by looking at the disposable income of the payor and the reasonable needs of the recipient. If a payor has a gross income of, say, $2,000 per month, and of that money $1,500 is spent on taxes, child support, housing costs, utilities and other basic living expenses, the payor's disposable income will be $500 per month. Spousal support will usually be paid out of that remaining $500 per month if it's payable at all. Although spouses usually share in the financial consequences of the end of their relationship, the court will not force someone into bankruptcy to provide support for the other spouse. There certainly are times, however, when a support order will result in the payor racking up debt. | The amount of spousal support is also calculated by looking at the disposable income of the payor and the reasonable needs of the recipient. If a payor has a gross income of, say, $2,000 per month, and of that money $1,500 is spent on taxes, child support, housing costs, utilities, and other basic living expenses, the payor's disposable income will be $500 per month. Spousal support will usually be paid out of that remaining $500 per month, if it's payable at all. Although spouses usually share in the financial consequences of the end of their relationship, the court will not force someone into bankruptcy to provide support for the other spouse. There certainly are times, however, when a support order will result in the payor racking up debt. | ||
Sometimes there is simply not enough money coming in to cover child support, the payor's day-to-day needs, and the day-to-day needs of the recipient. In cases like that, both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' require child support to take priority over spousal support, and the amount of spousal support paid simply may not suffice to cover the recipient's needs. | Sometimes there is simply not enough money coming in to cover child support, the payor's day-to-day needs, and the day-to-day needs of the recipient. In cases like that, both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' require child support to take priority over spousal support, and the amount of spousal support paid simply may not suffice to cover the recipient's needs. | ||