General Overview In Canada – Spousal Support

Spousal support, often referred to as alimony in other jurisdictions, is a significant component of family law in Canada, intended to address the financial disparity that can arise upon the dissolution of a marriage or common-law partnership. This financial support is distinct from child support and is designed to mitigate the economic effects of separation or divorce on the lower-earning spouse. Here, we provide a detailed overview of the principles, determinants, and considerations that frame spousal support in Canada.

Principles of Spousal Support

The overarching principles guiding spousal support in Canada include:

• Compensatory Support: Aimed at compensating a spouse who sacrifices their ability to earn income during the relationship, often because of domestic responsibilities or relocating for the other spouse's career.

• Non-Compensatory (Needs-Based) Support: Intended to assist a spouse in need, arising from the financial implications of the relationship breakdown, regardless of their role during the relationship.

• Contractual Support: Arising from agreements made between the spouses, either prenuptial agreements or separation agreements, that stipulate the terms of spousal support post-separation.
  

Determinants of Spousal Support

Several key factors influence the determination of spousal support, including but not limited to:

• Length of the Relationship: Generally, the longer the relationship, the more likely and potentially longer the duration of spousal support.

• Roles During the Relationship: Consideration of the roles and responsibilities assumed by each spouse during the relationship, particularly if one spouse sacrificed career opportunities for the family.

• Income and Financial Resources: The disparity in income and future earning capacity between the spouses is a critical factor.

• Age and Health: The age and health of the spouse seeking support can influence both the amount and duration of support, especially in terms of their ability to become self-sufficient.

• Impact on Children: The presence and needs of children, including childcare responsibilities that may affect a spouse's earning capacity.
  
  

Calculation and Duration

The Spousal Support Advisory Guidelines (SSAGs) provide a framework for determining the amount and duration of spousal support, although they are not legally binding. The guidelines offer ranges for both, taking into account the spouses' incomes, the length of the relationship, and whether children are involved. Courts have discretion and may deviate from these guidelines based on the circumstances of each case.

The duration of spousal support can be indefinite, particularly in long-term relationships, or for a fixed period, which allows the recipient time to become self-sufficient. Modifications to spousal support can occur if there is a significant change in circumstances, such as a change in income, remarriage, or retirement.

Legal Framework

Spousal support in Canada is governed by both federal and provincial/territorial laws. The Divorce Act applies to married couples who are divorcing, while provincial or territorial family law acts cover both married couples who are separating without divorcing and common-law partners. It's important to note that the recognition of common-law relationships and the entitlements of common-law partners to spousal support vary significantly across jurisdictions.

Enforceability and Variation

Once ordered, spousal support is legally enforceable. Recipients can register the support order with the Maintenance Enforcement Program (MEP) in their province or territory, ensuring that payments are collected and distributed. Both parties can request a variation of the support order if there's a material change in circumstances that would justify an increase, decrease, or termination of the support.

Conclusion

Spousal support is a complex area of family law, reflecting society's recognition of the financial and economic contributions of spouses to a relationship. It aims to provide fairness and support to the lower-earning spouse upon the breakdown of a relationship.