Spousal Support: The Rule of 65

The case of Djekic v. Zai is a proper example and model of how the courts will and should determine the issue of spousal support.

When a Judge is tasked with the burden of issuing a ruling regarding spousal support, the Judge is required to look at the case as a whole. This means that the Court will look at all the circumstances that surround the parties to the matter. The issue of Quantum is related to the issue of duration.

In the above-mentioned case, the Court ruled in favor of the Applicant and varied the decision made by the Trial Court. The Court of Appeal explained that, in its decision to vary spousal support whereby the Applicant would be entitled to support on an indefinite basis, it was incumbent on the Court to consider all of the circumstances of the Applicant; including the fact that she was over the age of 65, disabled, and received a small pension.

This case has strengthened what Family practitioners and adjudicators have come to know as the Rule of 65; essentially, another consequence of courts taking all relevant circumstances into account when ruling on the determination of spousal support.

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