Entitlement to Spousal Support: Key Factors and Limitations
The process of divorce or separation often raises complex issues around spousal support. Understanding the legal principles that guide entitlement to spousal support is crucial for anyone navigating these challenges. In this blog post, we will explore those principles, focusing on the Divorce Act (DA) and the Family Law Act (FLA) of Canada, and discuss factors that can influence spousal support decisions.
Principles of Entitlement
Both the DA (in s. 15.2) and the FLA (in s. 33(8)) establish broad guiding principles for spousal support entitlement. The courts aim to provide fair redress for the economic consequences of spousal relationships. They consider factors such as the length of the relationship, the parties’ financial circumstances, and the roles they fulfilled while together, particularly the raising of children.
There are slight differences in language, but the same principles apply under both federal and provincial support statutes.
Conceptual Models for Spousal Support
In the landmark case Bracklow v. Bracklow, the Supreme Court of Canada identified three conceptual models that guide spousal support claims:
Contractual: The court considers any express or implied agreement between the parties to create or limit mutual support obligations.
Compensatory: The court aims to compensate a spouse who has suffered economic disadvantages as a result of the marriage or has contributed to the economic advantage of the other spouse.
Needs-based: The court considers the needs, means, and other circumstances of the spouse to determine if the spouse is able to support himself or herself at the end of the relationship without the assistance of the other party.
Conduct and New Relationships
Regarding conduct, under the DA, spousal misconduct relating to the marriage is not a proper consideration in making a spousal support order. However, the FLA provides that a court may consider spousal misconduct, but only in the rare case in which conduct is so unconscionable as to constitute an obvious and gross repudiation of the relationship (s. 33(10)).
Interestingly, entering a new relationship does not automatically disqualify a spouse from receiving support. However, the financial assistance received from a new partner may reduce the need for spousal support.
Limitations
There is no limitation period for an application for support under the DA or the FLA (Limitations Act, 2002, s. 16(1)(c)). This means that a spouse can apply for support at any time after separation or divorce, regardless of how much time has passed.
In conclusion, understanding the principles of spousal support entitlement — and the factors that can impact it — is vital when navigating the complexities of separation or divorce. These principles aim to ensure a fair financial settlement, taking into account the unique circumstances of each case.
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