Difference between revisions of "Basic Principles of Spousal Support"

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<blockquote><tt>(d) as far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.</tt></blockquote>
<blockquote><tt>(d) as far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.</tt></blockquote>


The first three objectives are fairly straightforward and are self-explanatory. The last one deserves some comment however. The effect of s. 15.2(6)(d) and s. 161(d) is to impose almost an obligation on a recipient to make his or her best efforts to become self-sufficient at some point following separation. A spousal relationship is not intended to be a lifelong meal ticket; at some point, a dependent spouse must usually become independent. These sections of the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' allow the court to set a date on which spousal support payments will end, in the expectation that by the termination date the recipient will have taken whatever steps are necessary to retrain and find a job which allows him or her to meet his or her daily needs. While termination dates are often subject to change, unless the recipient is of an advanced age, the relationship was extraordinarily long, or the recipient has a serious medical condition or some other factor which prevents him or her from becoming independent, there will likely be an end date to support payments
The first three objectives are fairly straightforward and are self-explanatory. The last one deserves some comment.  
 
The effect of s. 15.2(6)(d) and s. 161(d) is to impose almost an obligation on a recipient to make his or her best efforts to become self-sufficient at some point following separation. A spousal relationship is not intended to be a lifelong meal ticket; at some point, a dependent spouse must usually become independent.  
 
These sections of the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' allow the court to set a date on which spousal support payments will end, in the expectation that by the termination date the recipient will have taken whatever steps are necessary to retrain and find a job which allows him or her to meet his or her daily needs.  
 
While termination dates are often subject to change, unless the recipient is of an advanced age, the relationship was extraordinarily long, or the recipient has a serious medical condition or some other factor which prevents him or her from becoming independent, there will likely be an end date to support payments


Section 15.2(4) of the ''[[Divorce Act]]'' and s. 162 of the ''[[Family Law Act]]'' set out the factors for a spousal support order
Section 15.2(4) of the ''[[Divorce Act]]'' and s. 162 of the ''[[Family Law Act]]'' set out the factors for a spousal support order
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