Spousal Support Award – When is high-range spousal support awarded? Part 2/2

Spousal Support Award – Factor 3/7: Age, number, needs and standard of living of the children

A child with special needs, or a young child, will usually require more time and resources from the care-giving parent which will indicate a spousal support award in amount and duration at the high end of the range.

A low standard of living or lower income levels also indicates a spousal support award at the high end of the range.

Factor 4/7: Needs and ability to pay of payor

If the payor spouse has high need and low ability to pay, this may indicate an award of spousal support at the low end of the range.

Factor 5/7: Work incentives for payor

Some types of employment are associated with significant expenses that are not covered by the employer or reflected in income or deductions from pay, such as parking, cost of commuting, tools, and so on.

If a payor has significant expenses associated with his employment, then this may be a factor indicating the low end of the range is appropriate.

Factor 6/7: Property division and debts

A low amount of property to be divided would suggest an award at the high end of the range while a large amount of property to be divided would suggest an award at the low end of the range.   In Qaraan v Qaraan, 2012 ONSC 6017, an equalization of $1,571,409.29 was found to be sufficiently large to push the spousal support award towards the low end of the range.

Factor 7/7: Self-sufficiency incentives

Spousal support awards may be made at the lower end of the range in order to encourage self-sufficiency in the recipient.

Additional factor: Length of the marriage

A longer marriage would also indicate that the spousal support should be located at the high end of the range.

To learn more about the high-range of spousal support, contact the lawyers at Krol & Krol today.