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ARTICLE · 26 FEBRUARY 2024

Spousal Support Entitlement

Sorbara Law
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Pursuant to s.15.2(4) of the Divorce Act, in making an order for spousal support, the Court must take into consideration the condition, means, needs and other circumstances...

CanadaFamily and Matrimonial
Raman De Souza
Raman De Souza

Compensatory, Non-Compensatory, and Contractual

Did you know that marriage itself does not automatically entitle a spouse to receive support?

Pursuant to s.15.2(4) of the Divorce Act, in making an order for spousal support, the Court must take into consideration the condition, means, needs and other circumstances of each spouse, including:

  • The length of time the spouses cohabited;
  • The functions performed by each spouse during cohabitation; and
  • Any order, agreement or arrangement relating to support of either spouse.

A spouse must first establish whether or not they have an entitlement, before one can make a claim on the quantum and duration of the support. It follows from the above factors, there are three types of entitlements to spousal support: compensatory, non-compensatory and contractual.

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