An Introduction to
Spousal Support
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The Canadian court has the right to make decisions prevail to a couple’s divorce, such as spousal support.
Spousal support (also called maintenance or alimony) is the financial support paid to a former spouse under a court order or agreement.
Currently, the Supreme Court of Canada held that there are 3 types of support:
- Compensatory support - to address the economic advantages and disadvantages flowing from the marriage or the roles adopted in the marriage;
- Non-compensatory support - to address the disparity between the needs and means of the parties upon marriage breakdown; and
- Contractual support - to reflect an express or implied agreements between the parties concerning their respective financial obligations upon the breakdown of the marriage.
4 main purposes of spousal support:
-to recognize the economical advantage/disadvantage arising from the divorce
-to take care of any needs arisen from the child(ren)
-to relieve any economical hardship one spouse may face as a result of the breakdown of the relationship
-to promote the economic self-sufficiency of each spouse within a reasonable period of time
Factors that judges may look at when granting spousal support:
-length of cohabitation
-functions performed by both spouses during that time
-any orders, agreements or arrangements made by the spouses
-likely future assets and means of both parties
-dependant's capacity to contribute to his/her own support
-respondent's capacity to provide support, parties' age and physical and mental health
-dependant's needs with respect to accustomed standard of living during cohabitation
-length of time and cost involved as well as means available to assist dependant in becoming self-supporting
-the need for either party to stay at home to care for a child and the history of child care responsibilities during the time of cohabitation
-effect on the dependant's earning capacity because of responsibilities (such as housekeeping and other domestic services, assumed during cohabitation).
Where child support is also to be paid, priority is given to child support over spousal support; the amount of spousal payment is related to the child as well.
Some argues that a woman can always find a reason to claim spousal payment: if she worked outside the home and supported her husband, her claim is for "compensatory support." If she stayed at home while the husband supported her, her claim is for "developing a pattern of economic dependency." Canadian law is set up this way because when a divorced/separated woman is having economical difficulties, the government prefers the ex-husband to pay to support his ex-wife rather than having her on welfare; but what is the difference between any taxpayer and the ex-husband now that they are not married?
General observations on spousal support (Annual Review of Family Law, 2004):
• Courts will uphold reasonable support agreements made by the parties
• Support will generally be ordered if a spouse can't maintain a lifestyle similar to that during the relationship even if there hasn't been any disadvantage as a result of the roles adopted in the marriage
• Spousal support is usually paid monthly
• Duration of support depends upon the purpose of the support order
• Support is limited by the ability of the payer to pay it
• Dependency due to illness arising during the relationship may make support time-limited unless you can show there's an economic disadvantage resulting from the roles adopted during the marriage
• The same principles that apply whether spouses are married or unmarried
• If support is "compensatory" there's no general principle of "clean break" or deemed "self-sufficiency"
• Forming a new relationship with another person doesn't disentitle a spouse to support
• Spouses must accept, at some point, the consequences of their own economic decisions if they were taken for personal, not family, reasons
• Generally the court should wait until the property division has taken place before making a final decision regarding support.
***The amount of money and the time of support vary between cases, as they are evaluated on their own merits and is dependent on market conditions
Interim support: an order for support that only lasts until the court makes a final order.
Other related facts:
-Spousal support payments are taxable in Ontario
-Spousal support payment may be only paid to the Family Support Plan (who also enforces the payment if there is a default).
-The support obligations will not be affected by any bankruptcy.
This article is a landmark case study regarding spousal support. In the case, after several appeals, Mrs. Moge was granted compensatory support from Mr. Moge on the arguments that she suffered economical disadvantage because of the divorce, plus the fact that she has children to support. Because of this case, the Supreme Court decides rather than creating a set of concrete rules to guide the lower courts, they discussed the economic and social realities for divorcing couples in Canada today (1992), and recognized the harsh prospects faced by spouses, especially women, since the Court's last major statement on spousal support in the 1987. The article should be very reliable since the website is owned by the government of Canada.
"Leskun v. Leskun." Supreme Court of Canada
This article is a very recent case summary on spousal support law. In this case, he court had originally ordered the husband to pay the wife a significant amount of spousal support after separation, but in 2003, an application by the husband to discontinue support payments on the basis that he was now unemployed and in financial difficulty was filed, and denied. The SCC dismissed the appeal on the basis of Mrs. Leskun’s absence of self-sufficiency and finical difficulties she, as a 60-year old woman, faces.
the fire within ice Community Member 
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