Spousal/Partner Support

In today’s fast paced, high powered society, in order to sustain a decent standard of living, both spouses are required to work and contribute to the household, especially if there are children involved. Other households rely on a single income in order to make ends meet. Whatever the case is, upon a dissolution of a relationship, it is important to PROTECT THE INTERESTS of the party that stands to lose from the income of the other party once relied on. 

Let PROTECT you from this burden and ensure that you receive adequate spousal/partner support payments upon dissolution of marriage or common law relationship. 

Under the Divorce Act spousal support is only permitted for parties who are legally married. In making an order, the Court takes into consideration the length of time the spouses cohabited, the functions performed by each spouse during the cohabitation period and any other agreement in place relating to support.

In Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 SCR 813, the Supreme Court of Canada established the compensatory basis for spousal support. This is extremely important to consider when discussing marriages where one spouse has been the primary breadwinner, and the other spouse took a “backseat”  or provided a sacrifice, in order to focus on raising children and other duties. This would have left the domestic spouse to lose a career path or an economic opportunity in favour of the other spouse gaining an economic advantage. At the breakdown of the marriage, the domestic spouse could seek compensatory spousal support for the economic disadvantage suffered and the sharing of benefits. 

Spousal support may be proceeded with under the Family Law Act  [“FLA”] as well, if the couple was not married, if the spouses are not seeking a divorce, or in order to take advantage of the enhanced order provisions under the FLA.

In addition to spousal support, ensure that you have made adequate consideration for child support  recovery as well. 

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