What is the impact of immigration sponsorship agreements on spousal support?

Ontario, Canada


The following excerpt is from Zhang v. Mackay, 2017 ONSC 6340 (CanLII):

That said, it is the case that short marriages involving immigration sponsorship agreements raise unique issues under the SSAGs: see Kuznetsova v. Flores, at para. 60. As stated in the 2016 Spousal Support Advisory Guidelines at p. 26. One category of short marriages, those involving immigration sponsorship agreements, raise some unique issues under the without child support formula. These are cases where a marriage breaks down while a sponsorship agreement is in place. Most spousal sponsorship agreements now run for a period of 3 years, but in the past the duration was as long as 10 years. In some cases involving very short marriages, courts have used the duration of the sponsorship agreement as the appropriate measure for the duration of spousal support, thus extending duration beyond the durational ranges generated by the Advisory Guidelines. As well, in such cases, some courts have also ordered support in an amount beyond the high end of the range to generate an amount of support that will meet the recipients' basic needs and preclude resort to social assistance.

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