Divorced Couples: What You Ought to Know Regarding the Question of Spousal Support

by Henry R. Rankin

Spousal support refers to a quantity of money one partner pays to the other spouse after getting separated or divorced. It can be provided one time only in a one-off sum or according to a schedule, often monthly but infrequently weekly or at other intervals. In the States it is usually referred to as alimony but that term isn’t used when speaking of divorced couples in Canada.

The matter of spousal support has become more litigious than ever in Canada as a consequence of a recent declaration of the Supreme Court of Canada. For a number of years, it was the law the purported misbehavior of one or both spouses wasn’t something that ought be taken into account when concluding how much, if any, support would be provided by one to the other spouse. However, in the Laskun case, a divorced woman’s capability to make satisfactory revenue to support herself was lessened because of her anger toward her husband over the affair which had led to the disintegration of their marriage. The court resolved that the effects of the man’s behavior on the wife’s capability to support herself should be taken into account when determining the amount of spousal support.

It is necessary to note that this does not mean that one divorced partner will receive more support from the other thanks to misbehavior as such. Only if that misbehavior had some adverse effect on the first spouse’s ability to support him or herself will the misbehavior be considered. But even this has opened the floodgates to a great deal of extra litigation between divorced or divorcing couples on the matter of spousal support.

Prior to this declaration, steps had been made to cut the amount of litigation between divorced spouses over spousal support. Spousal support suggestions have been printed by the federal government. Though these are not imperative, they were being used as a baseline, helping spouses and their solicitors to achieve out of court agreements and even permitting judges to use them as a basis for their determinations While still useful, these rules can only now be applied after thinking about the after-effects of bad behavior.

In general, the most important considerations entrenched by the Canada Divorce Act in deciding the amount of spousal support are: the need to compensate a partner for economic hardships suffered as a consequence of the marriage; the need to relieve any economic hardship resulting from from the end of the marriage; and the need to promote self-sufficiency within a fair period of time. None of these takes concern over the other. These are some sample of how these considerations may be applied.

Example: a couple who had a traditional marriage get divorced. She had stopped working to keep the house and care for the children while he continued to pursue his career. After 20 years they divorce. Obviously her ability to earn her own income has suffered as a result of the role she had in the relationship and her present financial circumstances may be dire. But if he has to pay enough permanent monthly spousal support to meet all her financial needs it would do nothing to promote her self-sufficiency over a reasonable time. However, depending on her background it may be unrealistic to suppose her capable of ever becoming self-sufficient now. If she was smart, had a degree or valuable experience prior to the marriage, and was still relatively young, perhaps a little extra short-term support will enable her to supplement her education and get back into the workforce.

Example: a pair without kids get divorced after five years together. They each carried on their own careers and make adequate to meet their respective needs. In this example there’s likely no need for either one to pay spousal support to the other when they are divorced.

Sometimes an asymmetrical division of matrimonial assets or responsibility for debts is agreed upon between the couple getting divorced in place of spousal support. The advantage in this is that it gives a clean break between the spouses who possibly need to diminish their future association with one another. However, that clean break can also prevent one of the two, who would have collected periodic spousal support, from seeking an increase due to some drawback suffered due to the marriage which only becomes known later - like a latent health problem making him unable unable to work.

Common-law couples cannot get divorced and so the federal Divorce Act can’t apply to them. However, similar guidelines are found under provincial legislation which are used in determining support between common-law couples who separate.

About the Author:
The writer is an expert in divorce and the legal system. You are welcome to visit his website and blog on getting divorced in Canada for more useful information.

Published by: James Alexander on June 28th, 2009 | Filed under Legal



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