Spousal Support
Spousal support in Ontario is governed by 1 of 2 statues: the Divorce Act for married spouses or the Family Law Act for common-law partners who have lived together for at least three years or who have a child together and are in a relationship of some permanence.
A spouse is not automatically entitled to spousal support. The first step of the analysis is to determine entitlement, usually established on the basis of one or more of the following grounds:
- Compensatory entitlement – to compensate a spouse for economic disadvantages, or the conferral of an economic advantage on the other spouse, arising from the marriage;
- Non-compensatory entitlement – based on means and need; or
- Contractual entitlement – often arising from domestic contracts or government Undertakings.
If entitlement is established, the next step is to determine the amount and duration of a spousal support obligation. Spousal support may be payable on a periodic (monthly) basis or as a lump sum amount, and may be time-limited or indefinite in duration.
While not “law”, the Spousal Support Advisory Guidelines are generally relied-upon by lawyers and judges, and are highly influential in addressing issues involving spousal support.