SUPPORT OBLIGATIONS BETWEEN SPOUSES
:: SPOUSAL SUPPORT (ALIMONY) - WE'VE GOT ANSWERS ::
More information on: Child support Marriage creates an obligation of support between the spouses. This obligation does not automatically end with the divorce of the couple. Moreover, in the framework of an application for divorce, one of the spouses can request support payments (also referred to as alimony). The Divorce Act outlines the objectives for spousal support: (1) To take into consideration the economic advantages and inconveniences that can arise between the spouses during the marriage and upon divorce: withdrawal from the job market in order to take care of the children, lack of vocational training, precarious employment... (2) To allocate between the spouses the economic consequences associated with the care of all children, in addition to the basic alimentary obligation relating to each child: lack of a job market, limited professional experience... (3) To counteract all economic difficulties caused by the dissolution of the marriage: decreased standard of living. To favor, as much as possible, the economic independence of each spouse within a reasonable time frame.
To attain these objectives and to determine the amount of spousal support, the Court will analyze a number of factors: (1) - The years of marriage; Spousal support is calculated according to the needs of the spouse who is to receive the payments and the resources of the spouse who will be paying. The Court will not take into consideration the behaviour of either spouse during the marriage; the "fault" of either spouse typically does not reduce the amount of support payments to be granted. The Divorce Act also maintains that priority must be given to the payment of child support. Spousal support is usually paid out through periodic payments, but can exceptionally be paid in a lump-sum. (Contact one of our lawyers or our financial consultant for more information about the fiscal impact of the two options.) The spousal support can be granted for a specific duration or for an indeterminate period. It will be up to the parties to request a modification of the spousal support if the circumstances later justify it. In order to address the financial difficulties a spouse can encounter during the divorce proceedings, a provisional spousal support can also be accorded. Read more about the payment of legal costs by the other spouse in our Provision for Costs section.
+ Common law (de facto) relationships Only married spouses or those in a civil union benefit from the legal status and the protections offered by the Civil Code of Quebec. In a celebrated decision rendered on July 16, 2009, the Honorable Justice Carole Hallée summarized the legal situation of de facto spouses in Quebec: “Regardless of the duration of cohabitation, de facto spouses have no rights, no duties, and no obligations towards one another. The civil law does not confer any rights resulting from a de facto union. Specifically, this means that de facto spouses do not have any alimentary recourse against one another, cannot share the family patrimony and are not governed by any legal matrimonial regime." […] "That being said, unless they are married or in a civil union, only a cohabitation agreement (cohabitation contract) can govern the rights of de facto spouses." The cohabitation agreement allows a couple to foresee the consequences of their separation and to guarantee them a certain level of material security. It can deal with the conditions of dividing property, bank accounts or other assets, any support payments, the responsibility of personal debts, the contribution of each spouse to common debts, etc... Under the principles of public order and the freedom to conclude contract, a couple is able to personalize the agreement. At St-Clair & Associates, we will advise you on your issue and we will respond in clear legal terms to your needs and expectations. Contact one of our lawyers specializing in family law if you would like assistance in putting together a cohabitation agreement. |