The Nuts and Bolts of Spousal Support

Married spouses or divorced spouses may apply for spousal support under the Family Law Act and the Divorce Act. If the claimant of support has already divorced his/her spouse, the claimant must bring his/her claim under the Divorce Act. On the other hand, spouses that have not yet been granted a divorce, must bring their claim under the Family Law Act.

The Divorce Act defines “spouse” as either of the two people who are married to each other (section 2 of the Divorce Act). The Family Law Act defines “spouse” more broadly as follows:

• Either of two persons who are married to each other or have entered into a marriage that is voidable or void in good faith;
• Either of two persons who are not married and have cohabited continuously for a period of at least three years in a conjugal relationship; and,
• Either of two persons who are not married but who are in a relationship of some permanence if they are the natural or adoptive parents of a child.

Both the Family Law Act and the Divorce Act recognize the task courts are faced with when confronting a spousal support claim is for compensation of the economic realities and consequences of spousal relationships. Thus, relevant factors that judges take into account when ruling on a spousal support claim are the duration of the relationship, the financial circumstances of the parties, and what roles they played while they were together.

Bracklow v. Bracklow is a leading case in the sense that it created three different conceptual models when awarding spousal support.

First, a judge will investigate whether there were any agreements or contracts made between the parties. This is referred to as the contractual basis for support.

Second, courts will compensate the spouse who has experienced an economic disadvantage on account of the marriage. Alternatively, the Court will also compensate the spouse who has contributed to the economic advantage of his/her spouse. This method is referred to as the compensatory basis for support.

Finally, the court will determine whether one spouse is in need of support based on their financial circumstances. This is referred to as the needs-based method of support.

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