Entitlement to Spousal Support – Governing Legislation

Divorce Act

The statutory criteria for granting an order for interim or final support under the Divorce Act are set out in s. 15.2(4):

(4) In making an order under subsection

1. or an interim order under subsection
2. the court shall take into consideration the condition, means, needs and other circumstances of each spouse, including
   1. the length of time the spouses cohabited;
   2. the functions performed by each spouse during cohabitation; and
   3. any order, agreement or arrangement relating to support of either spouse.

The objectives of an order for spousal support are set out in s. 15.2(6):

(6) An order made under subsection

1. or an interim order under subsection
2. that provides for the support of a spouse should
   1. recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;
   2. 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;
   3. relieve any economic hardship of the spouses arising from the breakdown of the marriage; and
   4. in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.

 

Family Law Act

The duty to provide support to a spouse is set out in s. 160 of the Family Law Act:

160. If, after considering the objectives set out in section 161 [objectives of spousal support], a spouse is entitled to spousal support, the other spouse has a duty to provide support for the spouse in accordance with section 162 [determining spousal support]. The objectives in determining entitlement to spousal support are set out in s. 161:

161. In determining entitlement to spousal support, the parties to an agreement or the court must consider the following objectives:

1. to recognize any economic advantages or disadvantages to the spouses arising from the relationship between the spouses or the breakdown of that relationship;
2. to apportion between the spouses any financial consequences arising from the care of their child, beyond the duty to provide support for the child;
3. to relieve any economic hardship of the spouses arising from the breakdown of the relationship between the spouses;
4. as far as practicable, to promote the economic self-sufficiency of each spouse within a reasonable period of time.

These objectives essentially mirror the objectives in s. 15.2(6) of the Divorce Act. The criteria for determining the amount and duration of spousal support is set out in s. 162 of the Act:

162. The amount and duration of spousal support, if any, must be determined on consideration of the conditions, means, needs and other circumstances of each spouse, including the following:

1. the length of time the spouses lived together;
2. the functions performed by each spouse during the period they lived together;
3. an agreement between the spouses, or an order, relating to the support of either spouse.

These objectives essentially mirror the objectives in s. 15.2(4) of the Divorce Act.

Call one of our family law counsel to assist you with an Application for spousal Maintenance.