Objectives of Spousal Support Orders
Under Section 12(6) of the Divorce Act, spousal support Canada orders aim to:
- (a) Recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown.
- (b) Apportion financial consequences between spouses related to the care of any child of the marriage, beyond child support obligations.
- (c) Relieve any economic hardship caused by the breakdown of the marriage.
- (d) Promote, as much as possible, the economic self-sufficiency of each spouse within a reasonable period.
These objectives ensure fairness in financial matters after a separation or divorce, balancing the financial impact on both parties receiving spousal support Canada.
Objectives of Spousal Support Guidelines
A national set of Spousal Support Advisory Guidelines (“guidelines”) was released in July 2008. These guidelines are not legislated but serve as informal, advisory tools to reflect current legal practices under the Divorce Act and Supreme Court decisions on spousal support Canada.
In their article, “The Canadian Experiment with Spousal Support Guidelines,” Carol Rogerson and Rollie Thompson outline the key objectives of these guidelines:
- Changing the Practice of Spousal Support
- Reduce conflict and encourage settlements.
- Create consistency and fairness in spousal support decisions.
- Reduce legal costs and improve efficiency.
- Provide a basic structure for further judicial interpretation.
The guidelines follow two primary formulas for calculating spousal support:
- Without-child formula: Used when there is no child support obligation.
- With-child formula: Applied when the support payor also has child support obligations.
These formulas help provide predictability and fairness in determining support amounts under the spousal support Canada guidelines.
Entitlement to Spousal Support
A spouse seeking support must first prove entitlement. Spousal support in Canada claims fall into two main categories:
1. Compensatory Claims
According to the Spousal Support Advisory Guidelines – Revised User’s Guide:
“Compensatory claims are based either on the recipient’s economic loss or disadvantage as a result of the roles adopted during the marriage or on the recipient’s conferral of an economic benefit on the payor without adequate compensation.”
This means that if one spouse sacrificed career opportunities or provided unpaid labor (e.g., raising children, supporting the other spouse’s career), they may be entitled to support.
2. Non-Compensatory Claims
Also known as “needs-based” support, these claims focus on financial necessity. The Revised User’s Guide explains:
“Need can mean an inability to meet basic needs, but it has also generally been interpreted to cover a significant decline in standard of living from the marital standard.”
If a spouse faces financial hardship due to the divorce, they may qualify for non-compensatory spousal support Canada.
Get Legal Guidance on Spousal Support
Determining spousal support can be complex, and every case is unique. If your separation involves spousal support Canada issues, seek legal advice from an experienced family lawyer to ensure you fully understand your rights and responsibilities.
Written By Erick McKinlay