The Ancillary Terms of Spousal Support: What You Need to Know

When navigating the complexities of spousal support during a divorce or separation, it's crucial to be aware of the ancillary terms that may come into play. Defined under the Family Law Act (FLA) and the Divorce Act (DA), these terms can significantly impact the overall outcomes of a spousal support case. This blog post aims to shed light on some of these ancillary terms and explain their implications.

Cost of Living Adjustments

In spousal support cases, the court may make an order indexing the support payable to the Consumer Price Index, which adjusts the amount of support in line with inflation. This provision is explicitly stated in section 34(5) of the FLA. While not expressly stated in the DA, the court holds the same authority to make such an order.

Life Insurance for Securing Support

Under sections 34(1)(i) and (k) of the FLA, the court may order a payor spouse to maintain or obtain a policy of life insurance to secure support. This means that in the event of the payor's death, the insurance payout can continue to provide for the recipient spouse. This provision can also apply under the DA, as seen in the Katz v. Katz case.

Binding on the Estate

If a payor spouse passes away while still obligated to pay spousal support, the responsibility doesn't automatically dissolve. Under the FLA (s. 34(4)), a spousal support order binds the payor’s estate, meaning the estate must continue to make the payments. However, under the DA, the court must make an explicit order for the award to bind the estate.

Interjurisdictional Orders

Spousal support claims can cross jurisdictional boundaries. For example, a spouse living in Ontario can obtain orders against payors residing in other reciprocating jurisdictions, and vice versa. This is facilitated by the Interjurisdictional Support Orders Act, 2002 (ISOA). The Ontario Court of Justice will apply Ontario support law pursuant to the FLA, unless the applicant has no entitlement. In such cases, the court applies the law of the jurisdiction where the parties last shared a common residence.

In conclusion, understanding these ancillary terms can make a significant difference when navigating spousal support claims. They highlight the need for a comprehensive approach to seeking legal advice and underline the importance of familiarizing oneself with the intricacies of both the FLA and the DA.

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