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- Chapter 8 - Spousal Support on or after Divorce
D. Terms, Conditions, and Restrictions
Author | Julien D. Payne - Marilyn A. Payne |
Pages | 237-238 |
Page 237
Pursuant to section 15.2(3) of the Divorce Act, a court may order spousal support for a definite or indefinite period or until a specified event occurs, and the court may impose terms, conditions, and restrictions on its order.144
Page 238
In appropriate circumstances, periodic spousal support may be ordered for the lifetime of the payee and made binding on the obligor’s estate.145In
the absence of any specific direction that the order shall survive the death of the payor, a spousal order terminates on the death of either spouse.146
[144] See, generally, Re Muslake and Muslake (1987), 58 OR (2d) 615 (UFC); see also Torres v Marin, [2007] YJ No 94 (SC) (obligor to pay periodic spousal support while earning employment income); Lockyer v Lockyer, [2000] OJ No 2939 (Sup Ct) (order for periodic spousal support declared subject to conditions whereby amount payable would be unaffected by either spouse earning an annual income below a specified amount). As to child support orders, see Divorce Act, RSC 1985 (2d Supp), c 3, s 15.1(4), as amended by SC 1997, c 1.
[145] See Waters v Conrod, 2007 BCCA 1024. See also Section C(5), above in this chapter; Katz v Katz (1983), 33 RFL (2d) 412 (Man CA), additional reasons (1983), 25 Man R (2d) 57 (CA); Milton v Milton, 2008 NBCA 87; Celeste v Celeste, 2013 NBQB 41; Connelly v Connelly (1974), 16 RFL 171 (NSCA); Linton v Linton (1990), 30 RFL (3d) 1 (Ont CA); Katz v Katz, 2014 ONCA 606 (child support); Droit de la famille - 707, [1989] RDF 614 (Que CA); compare Hillhouse v Hillhouse (1992), 43 RFL (3d) 266 (BCCA); Donald v Donald (1991), 33 RFL (3d) 196 at 217 (NSCA); and see contra: Carmichael v Carmichael (1992), 43 RFL (3d) 145 (NSCA); see also Lippolt v Lippolt Estate, 2015 ABQB 118; Ross v Ross (1994), 7 RFL (4th) 146 (BCCA); Sinclair v McAuley, 2012 MBCA 86; Pick v Pick (1987), 11 RFL (3d) 14 (Sask QB), var’d (1990), 25 RFL (3d) 331 (Sask CA).
[146] Despot v Despot Estate (1992), 42 RFL (3d) 218 (BCSC); Terry v Terry Estate (1994), 1 BCLR (3d) 299 (SC) (specific direction found in this case); Finnie v Rae (1977), 16 OR (2d) 54 (HCJ); Katz v Katz, 2014 ONCA 606; compare Family Law Act, SBC 2011, c 25, sections 170-171; Joffres v Joffres, 2014 BCSC 1778; Family Law Act, RSO 1990, c F.3, s...
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- Chapter 8 - Spousal support on or after divorce
- A. Definition of “Spouse” and “Spousal Support”
- B. Formal Legal Equality between Spouses
- C. Types of Orders
- D. Terms, Conditions, and Restrictions
- E. Relevant Factors
- F. Spousal Conduct
- G. Four Objectives of Spousal Support
- H. Broad Judicial Discretion
- I. Overarching Principle of Equitable Sharing
- J. Needs and Capacity to Pay Not Excluded by Compensatory Model
- K. Implications of Child Care during Marriage and after Divorce
- L. Alleviation of Feminization of Poverty
- M. No Pat Formula
- N. Effect of Separation Agreement or Consent Order on Subsequent Application for Spousal Support
- O. Effect of Sponsorship Agreement
- P. Double Recovery or Double Dipping
- Q. Income Tax and Retroactive Orders
- R. Variation and Termination of Support Orders
- S. Cost-of-Living Indexation
- T. Retroactive Spousal Support Orders
- U. Spousal Support Advisory Guidelines
- V. Appeals
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