If you are relatively familiar with how Ontario family law operates, you may recognize that a spouse is more likely to receive a higher amount of spousal support if the spouse took on a substantial amount of child-rearing responsibilities. But what happens if there is no child of marriage, is it possible for a spouse to claim the spousal support factoring in the “sacrifice” for other spouse?
The Spousal Support Advisory Guidelines provide that it is possible to establish compensatory claims based on an economic loss or a restitutionary claim for an economic advantage conferred.
- One spouse is transferred for employment purposes, on one or more occasions, forcing the other spouse to give up his or her job and to become a secondary earner.
- One spouse moves across the country to marry, giving up his or her job or business to do so.
- One spouse works to put the other through a post-secondary or professional program, but the couple separates shortly after graduation before the supporting spouse has been able to enjoy any of the benefits of the other spouse’s enhanced earning capacity.
There could undoubtedly be other examples.
If a claimant spouse can prove such a disproportionate compensatory claim, then this exception allows for an individualized determination of the amount of spousal support, based upon the size and nature of that claim. The regular formula to calculate the spousal support will not offer much assistance in these cases.
If you are need of an experienced Family/Divorce Lawyer, contact MEHDI AU LLP today, we serve clients across GTA in various languages to meet the need of our diverse community and clients.
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