Spousal Support – General Principles
Spousal support aims to ensure financial fairness after a marriage or common-law relationship ends. In Ontario, spousal support follows the Spousal Support Advisory Guidelines (SSAG). It provides a range of possible support amounts based on several factors. These take into account several factors, including the length of the relationship and the difference in income between spouses. It also takes into account whether there are children involved. While the guidelines offer a framework, Court’s have recognized that each case is unique. Courts often make adjustments based on the circumstances of each case.
The guidelines use two main formulas. One formula is for couples without children. Another formula is for couples with children. Without children, the support amount generally increases with the length of the marriage. Longer marriages result in higher and longer-term support. For example, as per the Guidelines, support can range from 1.5% to 2% of the income difference for each year of marriage or cohabitation, up to a maximum of 50% of the income difference. For marriages lasting over 20 years, or if the age of the recipient combined with the length of the marriage totals 65 years or more, support may be indefinite.
In cases involving children child support takes priority. In these cases, the “With Child Support” formula is used to determine spousal support. This aims to ensure the recipient spouse has enough to cover both their needs and those of the children. The goal of the guidelines is for the lower-income spouse to receive between 40% and 46% of the couple’s combined income after child support is factored in.
Jasiobedzki v. Jasiobedzka Example of Spousal Support
For example, the recent Ontario case of Jasiobedzki v. Jasiobedzka, 2023 ONCA 482 (CanLII) shows how spousal support guidelines principles are utilized in court. Here, the the judge ordered the husband to pay $5,979 per month in ongoing spousal support. The judge also ordered to pay retroactive amount of $86,108 dating back to 2017. In addition to the above, the judge ordered a lump-sum “catch-up” payment of $36,433 for underpaid support between 2020 and 2022. The husband appealed this decision. He argued that the amounts were too high, especially considering his wife’s decision to delay receiving her pension benefits. He claimed the trial judge had misapplied the Guidelines and failed to account for the wife’s potential income.
The appellate court, however, upheld the trial judge’s decision. It cofound that the support amounts were appropriate given the husband’s income of $156,255 and the fact that the wife had received professional advice to delay her Canada Pension Plan (CPP) and Old Age Security (OAS) payments until the age of 70. The court ruled that it was not reasonable to expect her to accept those payments earlier if it was financially disadvantageous. Additionally, the judge noted that the parties or the court could adjust spousal support amount in the future once the wife begins receiving her pension benefits.
Another key issue in that case was the retroactive spousal support. The court calculated it starting from November 1, 2017. Normally, retroactive support begins when formal notice of a claim is made. However in this case, the court considered that the wife had effectively communicated her need for support during a conversation with her husband in 2017. The the court took into account the wife’s mental health struggles and her dependency on her husband in determining that the support should be retroactive to 2017.
Spousal Support – Conclusion
This case illustrates the flexibility and discretion that Ontario courts apply in spousal support cases. The court did not simply rely on the guidelines but considered the personal and financial circumstances of both parties. Factors such as the husband’s income, the length of the marriage, and the wife’s ability to earn income through her delayed pension played a critical role in the final decision.
Ultimately, spousal support aims to achieve fairness, ensuring that both parties can maintain a reasonable standard of living after separation. While the Spousal Support Advisory Guidelines provides a helpful starting point, the courts take a broader view, considering each couple’s unique situation. This is why it is essential for individuals navigating spousal support issues to seek professional legal advice from an experienced family lawyer to ensure their rights and obligations are properly understood and addressed.
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Written by: Caidan Ubell