+1-416-748-1640
·
ayaz@amehdilaw.com
·
Mon – Fri 09:00 – 17:00, By Appointment on Sat & Sun.

TIME-LIMITED SPOUSAL SUPPORT DURATION

TIME-LIMITED SPOUSAL SUPPORT DURATION

One of the foremost questions that arises in the mind when considering separation is the division of property and or the length and amount of support that can be agreed upon or claimed in the courts. This article deals with the question of the length of spousal support that can be agreed upon or ordered by the parties.

In this regard it is to be noted that there is no statutory limitation, and neither it is, by virtue of the Supreme Court of Canada’s decision in Bracklow v. Bracklow [1999], possible for the courts to create a statute of limitations on marriage. The notion of “till death do us part” may end with divorce but it is not a light matter and the ‘responsibilities of marriage’ can potentially carry on until either party dies (or in some instances even after; charges upon the estate).

The case of spousal support Miglin v. Miglin [2003] clarifies that in the absence of any evidence that the recipient or the payee of spousal support is avoiding his or her economic ability to self-sustain themselves there is no policy or legal reason for the courts to impose a time limit on the duration of support. This essentially means as long as the recipient is making genuine efforts to support themselves financially then the support should not be time-limited.

The question of whether an unlimited support order is to be made is nevertheless based upon the facts a discretionary matter of the courts. As Fisher v. Fisher [2008] states that the “jurisprudential law has evolved on the position that spousal support should be time-limited only in unusual circumstances. A court, however, in every case must consider the circumstances of those particular parties”. That is to say that despite there being no legal requirement to place a time-limit on the duration of spousal support the courts can based upon the facts of the case determine that there should be a temporal duration of spousal support.

Important Factors For The Determination Of Unlimited Or Temporal Spousal Support

Krauss v. Krauss [1991] provides guidance on the factors which are considered by the Courts in making the determination as to whether spousal support should be for an unlimited or temporal time period;

  • The length of the marriage
  • One party or the other forgoing career opportunities due to child or household responsibilities
  • The party’s age (advance or not)
  • Poor health or disabilities which restrict job availability, opportunities or self-sufficiency
  • The recipient efforts in supporting themselves
  • Any other general limitation on employment availability or opportunities

As earlier case law suggested, there is no policy objective in placing a time limit on the duration of spousal support, other than to prevent a recipient of spousal support to thwart his or her economic ability to self-sustain themselves.

But it can be said that a more wholesome approach to the duration time-limit of spousal support is more consistent with the approach of the courts in order to determine whether there should be a time constraint.

For indeed, ongoing need of the recipient and the ability of payor to pay is not sufficient in making a consideration of the duration of spousal support (Cavanaugh v. Cassidy [2000]), the determination is made in order to fulfill the spousal support objectives of the Divorce Act 1985.

In a similar vein, where an unlimited or time-limited duration of support has been agreed upon or ordered by the courts any change in the circumstances of parties does not warrant a spousal support cut off or continuation arbitrarily, rather the determination is made under the rules of the variation application under s.17 of the Divorce Act 1986.

Our Skilled Lawyers Can Guide You

Given the financial and emotional challenges arising from the area of spousal support law, it is highly recommendable to engage the services of a divorce lawyer. For more information, get in touch with our Divorce Lawyers at Ayaz Mehdi Professional Corporation to discuss your case.

Disclaimer:  Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!

 

Related Posts

Locations Served