Difference between revisions of "Basic Principles of Spousal Support"

Basic Principles of Spousal Support (view source)

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 ===Spousal support and the division of property===
-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.
+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 have been no need, or the amount of support required may have been simply a top up to the order for property division for the objectives 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.