Spousal Support in Canada

Abstract

This article describes the significant developments in the law relating to spousal support in Canada over the last few decades. Spousal support has once again become an issue of practical significance on marriage breakdown in Canada. The current trend is to recognize an expansive basis for entitlement and to award a substantial amount of support for an indefinite period to the spouse with the lesser income. Recently, Canada has also witnessed the use of advisory spousal support guidelines for the determination of the quantum and duration of spousal support settlements and awards. Interestingly, this development has occurred without legislative change. The initiative came from the executive branch of the federal government, prodded into action by several academics. Lawyers and judges, driven by a thirst for greater certainty and predictability, seized onto even the draft version of these guidelines to assist them in the negotiation and adjudication of spousal support.