What You Need to Know about Spousal Support
Paying or receiving spousal support? Call me to discuss your rights.
Before a spousal support award is made, two questions must be asked:
- is there an ability to pay and
- is there a need (entitlement). The answers to these questions depend on the particular facts of your case. It is not true that a difference in income will always result in entitlement to spousal support being met.
Generally there is a ceiling and floor when determining whether there is an ability to pay. An income at or near the floor may result in no spousal support being paid despite entitlement being met.
In answering the above questions, courts will then consider section 15(6) of the
Divorce Act which sets out the objectives of a spousal support order:
- Recognize any economic advantages or disadvantages to the spouses arising from the marriage (including length of cohabitation) or its breakdown;
- Apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;
- Relieve any economic hardship of the spousal arising from the breakdown of the marriage; and
- In so far as possible, promote the economic self-sufficiency of each spouse within a reasonable period of time.
Promoting self-sufficiency is often litigated however, whether a spouse has suffered an advantage or disadvantage during their marriage is an important factor to consider when determining entitlement. The above factors must be considered against all the other factors, the existence or absence of one is not determinate.
Once the above questions have been answered in the affirmative, the court will then go on to consider amount and duration of spousal support. Generally, the amount and duration is based on the income of the parties and the length of cohabitation taking into account the above considerations.
Call me and schedule a consultation if you have questions about spousal support, Ammar Hussein Rimawi Law 613-779-1347.
