What Is the Purpose of Spousal Support?
Many people assume that spousal support is either a lifelong payment or a punishment for the spouse who initiated the separation. In reality, neither assumption is correct. The purpose of spousal support is not to penalize one spouse or reward the other—it is to address the financial consequences of the relationship and its breakdown in a fair and balanced way.
What Are the Goals of Spousal Support?
When determining whether spousal support should be paid, courts consider several objectives set out in the Divorce Act and the Family Law Act.
These include:
- Recognizing any economic advantages or disadvantages that resulted from the marriage or its breakdown;
- Sharing the financial consequences of caring for children;
- Relieving financial hardship where appropriate; and
- Promoting the economic self-sufficiency of each spouse, where it is reasonable and practical to do so.
Does a Recipient Have to Become Self-Sufficient?
Courts encourage former spouses to become as financially independent as reasonably possible, but there is no absolute requirement that a recipient become completely self-supporting.
Instead, courts recognize that every relationship is different. Factors such as the length of the marriage, age, health, work history, childcare responsibilities, and the economic impact of the relationship all influence whether complete self-sufficiency is realistic.
That said, recipients are generally expected to make reasonable efforts to improve their financial circumstances where they are able to do so. This may include seeking employment, pursuing education or training, or making reasonable use of the financial resources available following separation.
How The Cahill Firm Can Help
Every family’s circumstances are unique, and there is no one-size-fits-all approach to spousal support. Whether you are seeking support or responding to a claim, The Cahill Firm can explain your rights and obligations and help you pursue a fair outcome under Ontario family law.