Spousal Support

A "spouse" refers to two individuals who are married, have entered a voidable or void marriage in good faith, or have cohabited continuously for at least three years or in a relationship of some permanence while being parents of a child.

No, being a spouse does not automatically entitle someone to spousal support. Entitlement is a threshold issue examined based on three grounds: compensatory, non-compensatory/needs-based, and contractual.

Compensatory claims relate to scenarios where the recipient suffered economic loss or disadvantage due to their role in the marriage or conferred an economic benefit without proper compensation. This may apply to stay-at-home parents, primary caregivers, or those who moved for the higher income earner's career.

Non-compensatory claims are based on need, including a drop in the standard of living enjoyed during the marriage. Long-term marriages may develop a reliance on the higher income earner, creating a pattern of dependency that justifies spousal support.

Contractual claims arise from formal domestic contracts or implied/informal agreements, such as supporting the other party's education in the future.

Spousal support can be in the form of lump sum payments, periodic payments with a fixed duration, or periodic payments for an indefinite period. It is taxable for the recipient and deductible for the payer. Understanding the tax implications is crucial in determining the net cost.

Yes, spousal support can be varied. Reasons for variation include a significant change in income for either party, alterations in parenting arrangements, termination of child support, remarriage, or re patterning. Variation differs from a review, as it requires showing a material change in circumstances.

Parties making periodic payments may have a fixed end date for spousal support. If not, an application is needed to terminate spousal support. Contrary to common belief, spousal support does not automatically end with retirement.

Every person has an obligation to be self-supporting to the best of their ability. This obligation, stated in both the Divorce Act and the Family Law Act, aims to promote the economic self-sufficiency of each spouse within a reasonable period.

The Family Responsibility Office (FRO) is a government program in Ontario that helps collect, distribute, and enforce support payments. If spousal support is court-ordered, FRO automatically manages collection and distribution.

A spousal support release involves a party releasing their right to spousal support or both parties releasing each other from any past, present, or future spousal support claims. It's a significant decision requiring independent legal advice to ensure it's not set aside in the future.