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Spousal support matters may be governed by the Divorce Act (DA) or the Family Law Act (FLA). For example, section 15.2(1) of the DA states that:
A court of competent jurisdiction may, on application by either or both spouses, make an order requiring a spouse to secure or pay, or to secure and pay, such lump sum or periodic sums, or such lump sum and periodic sums, as the court thinks reasonable for the support of the other spouse.
The DA supplements the above at section 15.2(4):
In making an order under subsection (1) or an interim order under subsection (2), the court shall take into consideration the condition, means, needs and other circumstances of each spouse, including
(a) the length of time the spouses cohabited;
(b) the functions performed by each spouse during cohabitation; and
(c) any order, agreement or arrangement relating to support of either spouse.
Spousal support matters may be determined based on the circumstances surrounding the parties’ relationship. For example, the needs and means of each spouse/former spouse and the length of time the parties cohabited are factors that may be considered in determining entitlement for spousal support. In addition, a duly executed marriage contract may also have a bearing on entitlement to spousal support.
Contact our office to start the conversation regarding your potential obligation to pay spousal support and/or your entitlement to spousal support.