Spousal Support: Obligations after Separation
When parties enter into matrimony, they enter into a legal contract and what takes place is an economic merger of the parties that has significant consequences in the event of the breakdown of the relationship. One of these consequences is spousal support obligations.
While married spouses are eligible for spousal support under the Divorce Act, and common law partners are eligible for support under the Family Law Act, there is no automatic right to spousal support and the spouse or partner making the claim must establish they are entitled to spousal support on one of three grounds: compensatory, non-compensatory, and contractual. The SCC cases of Moge v. Moge, 1992 SCC and Bracklow v. Bracklow, 1999 SCC paved the way for the conceptual background of spousal support that is still relied on today.
Spousal support on a compensatory basis refers to the claim a spouse makes that they should be compensated for contributions made, sacrifices underwent, or losses borne as a result of the marriage or relationship. For example, one spouse may have removed oneself from the workforce in order to primarily care for the children of the relationship or one spouse may have purposefully stagnated in their employment to support the other spouse’s career opportunities. As a result of these actions, one spouse significantly benefitted in their socioeconomic position to the detriment of the other in direct relation to the sacrifices made by that spouse.
Spousal support on a non-compensatory basis, more commonly referred to as needs-based spousal support, refers to the claim a spouse makes that they have an inability to meet their basic needs or can no longer sustain their standard of living in keeping with the marital standard now that a breakdown in the relationship has occurred. In some cases, one spouses was exclusively the income earner in the family while the other spouse maintained the household or was the primary caregiver of the children, therefore resulting in a need now that the parties are separating. With certain exceptions regarding disability, the spouse claiming spousal support on a needs basis still has a responsibility to pursue gainful employment to mitigate the nature of the needs-based claim. If a spouse is able to work, they cannot forego that responsibility now that the relationship is over unless they have a compelling reason that interferes with their capacity to work.
Spousal support on a contractual basis refers to support amounts that spouses agree on in marriage contracts or separation agreements that flow in the event of a breakdown of the marriage. If the circumstances surrounding the negotiation and implementation of the contract or agreement were found to be non-oppressive and the contract or agreement continues to reflect the aims of the spouses and an equitable allocation of the consequences of the breakdown of the marriage in accordance with family law legislation, a challenge to the contract or agreement is unlikely to succeed before the courts.
One of the benefits associated with spousal support is that there is no limitation period to make a claim for spousal support, so long as the individual making the claim is still entitled to spousal support under the applicable legislation. However, as mentioned above, the individual making the claim for spousal support must establish the entitlement. If a spouse waits years to make a claim, it will be more difficult to establish a case on a needs-basis, if the spouse has exhibited financial independence, or quantify an amount on a compensatory basis. At Boardwalk Law, we understand that spousal support can be a contentious issue after the breakdown of a relationship. We negotiate for our clients to receive what they are entitled to and have the experience to proceed with court litigation if necessary. Contact Brandon Machado, Associate Lawyer at Boardwalk Law to learn more: [email protected] / 905.798.5509
