Spousal Support – It is more complex than it seems
In a recent case, a prospective client asked me if spousal support would have to be paid once the divorce was completed. This question set off an alarm in my head because as a Chartered Financial Divorce Specialist, people rely on me for sound advice on many things that pertain to the division of assets. Calculating the division of assets is often quite complicated. Giving advice as to Child and Spousal Support gets me close to practicing law, which I cannot do.
In the book, “Surviving Your Divorce – A Guide to Canadian Family Law by Michael G. Cochrane, LL.B., writes on page 170: “The Divorce Act lists four objectives for orders of spousal support made under the Act. It provides that an order for the support of the spouse should.
- Recognize any economic advantages or disadvantages to the spouses arising form the marriage or its breakdown.
- Apportion between the spouses the financial consequences arising from the care of any child of the marriage over and above the obligation apportioned between the spouses with respect to child support.
- Relieve any economic hardship of the spouses arising from the breakdown of the marriage; and
- As far as practical, promote the economic self-sufficiency of each spouse within a reasonable period of time” (2015, LegalIntel, Toronto, Ontario)
These four points are a part of the author’s book which is over 400 pages long. Every marriage and family is unique and therefore each child and spousal support arrangement should be as well.
Lawyers specializing in Family Law have the training and experience to calculate and draft the agreements between divorcing couples. In my new arrangement as part of the “Collaborative Law Group of the Kootenays” (www.nocourt.ca) I will be collaborating closely with legal experts using court approved software to calculate these obligations when asked to by them.
