What is the test for self-sufficiency in spousal support calculations?

Ontario, Canada


The following excerpt is from Friesen Stowe v. Stowe, 2015 ONSC 554 (CanLII):

Paraphrasing our Court of Appeal in Fisher v. Fisher (2008), 88 O.R. (3d) at para. 52 to 55 , self-sufficiency is a relative concept. It is not achieved simply because a former spouse can meet basic expenses. A determination of self-sufficiency requires consideration of the parties’ present and potential income, their standard of living while married, the efficacy of any suggested steps to increase a party’s means, the parties’ likely post-separation circumstances including the impact of equalization and the duration of cohabitation. Self-sufficiency is often more attainable in short term marriages, particularly ones without children, where the lower income spouse has not become entrenched in a particular lifestyle, or compromised career aspirations. In such situations, the lower income spouse is expected to have the tools to become financially independent or to adjust his or her standard of living. In contrast, in most long term marriages, particularly in traditional long term ones, the parties’ merger of economic lifestyles creates a joint standard of living that the lower income spouse cannot hope to replicate, but upon which he or she has become dependent. In such circumstances, the spousal support analysis typically will not give priority to self-sufficiency because it is an objective that simply cannot be attained. (para. 53-55)

Other Questions


What is the test for temporary spousal support under s. 33(8) and (9) of the Spousal Support Guidelines? (Ontario, Canada)
What is the spousal support provisions in the Spousal Support Guidelines? (Ontario, Canada)
What is the test for spousal support under the Spousal Support Guidelines? (Ontario, Canada)
Is a credit card agreement providing for interest at 2.4% per month calculated on the previous month’s balance calculated on a monthly basis calculated on an annual rate of 28.8%? (Ontario, Canada)
Is a spouse's contribution to the operation of a business considered in the calculation of spousal support? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
Is a motion for retroactive child and spousal support a matter of enforcement rather than retroactive support? (Ontario, Canada)
Can a percentage of the "hard costs" associated with child support be deducted from rental income for the purpose of calculating child support? (Ontario, Canada)
What evidence has been given in support of a reduced spousal support application? (Ontario, Canada)
When is an annuity payment included in income for purposes of calculating child and spousal support? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.