Spousal Support: Factors Influencing Court Decisions
Spousal support, an integral part of divorce proceedings, often leaves courts balancing between the needs of the recipient and the payor's ability to provide. Generally, unless specific circumstances dictate otherwise, courts usually set spousal support at the mid-level of the ranges stipulated by the Spousal Support Advisory Guidelines (SSAGs).
In the vast majority of cases, recipients demand high-end support, citing their considerable needs for the same. Contrastingly, payors often advocate for the low-end of the range, putting forth the argument that their former spouse needs to be incentivized to become self-sufficient. However, it's essential to note that certain specific circumstances can sway the court's decision towards either the high or low end of the range.
High-end support is often ordered when the recipient is burdened with the care of young children or children with special needs, rendering them unable to seek employment reasonably. Another situation that might warrant high-end support is when there's a significant imbalance between the household assets and debt once equalization is concluded. If no equalization payment is made to the recipient, they may have a robust claim for high-end support. Other factors pushing towards high-end support include the payor's limited involvement with the children, the age, number, and needs of the children, and a substantial income disparity between the payor and the recipient.
On the other side of the spectrum, low-end support is generally ordered when there are no children from the marriage, or when the recipient spouse is capable of earning income and is expected to begin earning income (or increase their earnings) shortly. The court might also lean towards this end if it feels it would be beneficial to encourage the recipient spouse to achieve self-sufficiency. The payor's significant financial obligations, the recipient's lower housing costs, and the recipient's need for work incentives can also contribute to the court's decision in favor of low-end support.
While the SSAGs are merely guidelines, they carry considerable weight in court decisions. Courts generally tread cautiously when it comes to ignoring or ordering amounts significantly above or below the Guideline amounts. A recent court case, McKinnon v. McKinnon, brings this to light, where it was established that the trial judge had erred in awarding spousal support significantly less than what was recommended by the SSAGs.
Interestingly, the simple assumption of traditional roles during a long-term marriage does not guarantee a high-end support award. However, according to the 2016 Revised Users Guide for the SSAG, the mid-point of the range should not be treated as the default. Instead, "with child support cases should more often resolve in the upper half of the range," as emphasized by Professors Rogers and Thompson.
In conclusion, understanding the factors that influence the decisions regarding spousal support is crucial for both recipients and payors. This knowledge can greatly aid in navigating this complex area of family law, ensuring a fair and equitable outcome for all parties involved.
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