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A party has a responsibility to financially assist their former partner if they are unable to meet their own reasonable expenses from their personal income.
Spousal maintenance is financial support paid by a party to a former partner if they are unable to adequately support themselves.
Onus & Threshold Test
The onus (burden) of proof is on the party seeking spousal maintenance. He or she must satisfy the “threshold test” which is twofold:
Factors to Consider
In determining the threshold test and whether to order the payment of spousal maintenance, a court will consider the needs and capacity of both parties. The following factors are relevant:
The court also has the discretion to consider other relevant facts or circumstances.
The pre-separation standard of living is not automatically awarded where the respondent’s means permit. The court’s discretion is exercised in accordance with the relevant section of the Family Law Act with “reasonableness in the circumstances” being the guiding principle.
The main comparisons are:
There are important time limits for applications for spousal maintenance. An application for spousal maintenance must be made within either:
If you wish to apply outside of these limits, you will need to seek permission (leave) from the court.
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