Contrary to popular belief, without help from the identifier designating it so, indefinite spousal support does not automatically mean forever. Rather, indefinite is intended to be contrasted with fixed-term for family law purposes. The differences in these types of spousal support relate to duration and is ultimately grounded in the circumstances surrounding the nature of the relationship.
Fixed-term
Fixed-term support provides for a specified end date for support obligations. This is more commonly found in short- and mid-term relationships. The expectation is that the support recipient is in need of assistance for a specified period of time to allow them to become economically self-sufficient, either through training or re-entering the labour market, for example.
Indefinite
Indefinite support indicates that there is no set end date at the time of the agreement or court order, but that the payor or the court may subsequently set an end date if the circumstances surrounding the case warrant it. Spouses typically entitled to indefinite support are those of long-term marriages, which are for 20 years or longer, and spouses who qualify for the Rule of 65 (wherein the length of the relationship and the age of the recipient equal 65 or more, so long as the relationship is at least 5 years).
Indefinite spousal support is subject to review, or possibly termination in certain situations, if there is a material change in circumstances, which may include retirement of the payor, self-sufficiency of the recipient, remarriage or new partnership for the recipient, or a change in financial circumstances of the payor, such as an involuntary decrease in pay or unexpected job loss.
Commonalities
Whether fixed-term or indefinite, the foundation of spousal support is based on a recipient’s entitlement, whether needs-based or compensatory, as well as a payor’s ability to pay.
As well, a common-law spouse’s or married spouse’s entitlement to spousal support, whether fixed-term or indefinite, is enshrined under family law legislation.
Regardless of the type, duration, and amount you may owe or be owed, it is paramount that you discuss with an experienced lawyer the legal obligations arising from either party’s actions as a result of entering into an agreement for spousal support.
The experienced Family Law Team at Boardwalk Law LLP is happy to help with your separation/divorce or family law issues. Please contact Brandon Machado, Associate Lawyer at Boardwalk Law at [email protected] / 905.798.5509 to book a consultation today.
