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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 19:08, 26 June 2019
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When analyzing a spousal support claim, the court will consider the following questions: | When analyzing a spousal support claim, the court will consider the following questions: | ||
*Is the person applying as a ''spouse''? That is, do they fit within the category of persons allowed to apply? Or, as it is sometimes put, do they have ''standing'' to apply? | |||
*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? | |||
*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: | ||
# 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 | # there is a contract between the spouses 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). 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 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. | ||