Spousal Support: Objectives of the Divorce Act

When determining spousal support, a court will look to the objectives listed in section 15.2 of the Divorce Act. Section 15(2) states as follows:

(6) An order made under subsection (1) or an interim order under subsection (2) that provides for the support of a spouse should,

(a) Recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;

(b) Apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;

(c) Relieve any economic hardship of the spouses arising from the breakdown of the marriage; and,

(d) Insofar as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.

In the case of Morneau v. Morneau, Justice Cole stated in response to a wife’s claim for a review of spousal support that although self-sufficiency was an important objective of the Divorce Act, it should not be given priority over the other objectives enumerated in section 15(2) of the Divorce Act. Justice Cole stated as follows:

"The fact that a party has failed to take reasonable steps to become financially self-sufficient is a relevant factor to consider when deciding on the issue of spousal support. Insofar as marriage may have created dependencies, it is the duty of dependent spouses to strive to free themselves from their dependencies and to assume full self-sufficiency, thereby mitigating the need for continued compensation" (Bracklow at para. 29).

However, the objective of self-sufficiency is only one of the objectives listed in section 15.2 of the Divorce Act, and it should not be given priority over the other objectives (Moge at p. 853). In addition, a party's failure to achieve self-sufficiency is not breach of "a duty" and is simply one factor amongst others to be taken into account (Leskun v. Leskun, 2006 SCC 25 at para. 27).

Therefore, it is important to understand that, although a change in spousal support could be awarded on a needs-based approach, a court will hold a recipient of spousal support accountable if he/she has not taken reasonable measures to become self-sufficient and independent of their former spouse.

To learn more about spousal support as well as the services provided by Krol & Krol, call 905.707.3370 today.