What is the conceptual basis for spousal support?

Ontario, Canada


The following excerpt is from M.P. v. M.P., 2020 ONSC 4559 (CanLII):

There are three (3) different conceptual bases for spousal support obligations: contractual, compensatory and non-compensatory: Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 SCR 420 at para 37. There is no contractual basis in this case because the parties had no agreement as to the payment of spousal support. An entitlement to spousal support may arise on both compensatory and non-compensatory grounds, as may be appropriate.

In making an order for spousal support, the court shall consider the conditions, means, needs and other circumstances of each spouse including how long the spouses cohabited; the functions performed by each spouse during cohabitation; and any order, agreement or arrangement related to the support of either spouse: ss. 15.2(4) of the Divorce Act; Thompson v. Thompson, 2013 ONSC 5500 at paras 46-47. Under ss.15.2(6) of the Divorce Act, the objective of an order for spousal support should: (a) Recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown; (b) Apportion between the spouses any financial consequences arising from the case of any child of the marriage over and above any obligation for the support of any child of the marriage; (c) Relieve any economic hardship of the spouses arising from the breakdown of the marriage, and (d) In so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable time period.

Spousal support is intended to relieve the economic hardship that results from marriage or its breakdown. In deciding spousal support, all of the ss. 15.2(6) objectives are examined to achieve an equitable sharing of the consequences of the marriage or its breakdown by recognizing and incorporating any significant factors that adversely impact the economic prospects of the disadvantaged spouse: Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813 at 864-866. These objectives are holistically applied to the facts of each case, with no single objective being paramount: Moge at 852; Bracklow at para 41. An entitlement to spousal support is met if any of the ss. 15.2(6) objectives are established: Bracklow at para 49.

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