A look at spousal support law in Ontario. Understand the factors you need to consider and more.

1. Spousal Support
• Support is a creature of Statue / must examine the
FLA and Divorce Act
• Support may be for married or unmarried spouses
• A married spouse can claim support under the
Divorce Act and FLA (if no divorce claimed – may seek
support but not a Divorce)
• An unmarried spouse can claim support under the
FLA
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2. • s.15(2)
• Divorce Act – REVIEW – ct can order spousal
support
• s.30 FLA – REVIEW – rt to support
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3. • s.1(1) – defines spouse – live together for 3 yrs
or have a kid (CL)
• the law wrt support is the same whether or
not the person is married or not married
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4. • s.15.2(4) – DIVORCE ACT -FACTORS
• factors taken into consideration by court in
awarding support
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5. • s.33(9) – FLA – FACTORS TO CONSIDER
• factors taken into consideration by a court in
awarding support/ items listed could also apply
to a support matter under the Divorce Act
• difference is wrt conduct under FLA (s.33 (10))/
no similar provision under the Divorce Act
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6. • s.15.2(6) – Divorce Act – OBJECTVES OF
DIVORCE ORDER
• sets out the objectives of any support Order
• s. 33(8) – FLA - set out objectives of any Order
under the FLA
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7. NEED AND MEANS
• s.30 of the FLA – a spouse has an obligation to
provide support in accordance with need and
ability to pay
• s.15.2(1)(4) – Divorce Act – also deal with
means and needs
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8. • basis of support is need and the amount is
based on the ability to pay / at one time the
courts wanted the parties to divide the
property and some support may be ordered
(for a limited time – retrain etc.) – then the
SCC decisions changed the way support was
approached
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9. Moge v. Moge / Bracklow v. Bracklow / Hickey v. Hickey
• although the cases were decided under the
Divorce Act, the same principles also apply
under the FLA
• Moge - shift away from clean break theory/
must look at all objectives
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10. • Bracklow – SCC established the framework for
determining spousal support
• Recognized contractual (bc of a marriage or
separation agreement), compensatory (degree
of contribution to the marriage, sacrifice ) and
non-compensatory bases for support (mutual
obligation bc marriage – if disabled, will have
to support)
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11. Spousal Support Advisory Guidelines
• -SSAG – developed by professor Rogerson and
Thompson with the assistance of the dept of
Justice Canada. Released in 2008.
• purpose was to bring certainty and
predictability to the determination of spousal
support / similar to guidelines
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12. • SSAG is not legislated by the gov/ advisory
only
• SSAG does not deal with entitlement/ only
deals with a formula to be applied for the
amount and duration of spousal support once
entitlement is determined
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13. • low / mid and high range – amount and
duration
• stength of compensatory claim, recipient
needs, age, number of children, needs and
ability to pay of payor, property division,
• COA in Fisher – endorsed the use of the
guidelines
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14. NEW RELATIONSHIP
• bf support would end when a spouse entered
a new relationship
• now just bc someone enters a new
relationship does not mean that support
terminates
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15. LIMITATION
• no limitation wrt support claim under Divorce
act or FLA
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16. KINDS OF SUPPORT
• Kinds of support - periodic support
(taxable/deductible – must be pursuant to
Order or Agreement), lump sum (not taxable
or deductible), payments to third parties
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17. DURATION
• Duration – interim (temporary), permanent (at
trial – indefinite duration – usually traditional
marriage – subject to review or variation),
limited term (time limited – usually only if
short duration – not frequent
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