Spousal Support

In North America approximately 50% of all marriages will end in a divorce. Divorce is the dissolution of a marriage that can sometimes lead to one party having to pay spousal support, also known as alimony. Spousal support is an allowance made under a court order to a divorced person by the former spouse (The American Heritage® Dictionary of the English Language, 2003). In Canada it is a common belief that regardless of the reasons for divorce or separation the man can predictably be expected to pay spousal support. One of the most common grounds for divorce or separation in Canada is the infidelity of a partner. However, many find it hard to justify that a man should pay alimony when the reason for a divorce or separation is due to the infidelity of the wife. This issue can be looked at from both sides, one being that the man should have to pay. Canada has a no-fault system; therefore, alimony is based on need not conduct. If the wife was economically dependent on the husband’s income, then she should be awarded alimony to help her get by as a single person. Also, the standard of living during the marriage can affect the amount of alimony the wife might receive. On the other hand, woman should not be getting spousal support automatically just because they were married. With a no-fault rule in place, there is no deterrent for woman to make a commitment to their marriage, because whether they have cheated or not they could always leave with the possibility of receiving a better income than before. Women have pressed for years to get equal rights but still expect support from their former husband once they divorce.

Whether it is considered just or not that men should be paying alimony for a spouse that has committed adultery, under Canadian law it does not matter. The Supreme Court of Canada’s Divorce Act states that “the court shall not make into consideration any misconduct of a spouse in relation to the marriage” (Canadian Press, 2004). This means that no matter how the marriage ended whoever supported the other could end of paying alimony. The court grants alimony to a spouse if they have a need for support, not based on their conduct during the marriage. Spousal support is paid to help with the recipients living expenses as a single person, because there are now two households that need to be paid for instead of one using the same amount of money (Divorce Info, 2005). If a wife was economically dependent on the husband she will most likely be awarded some kind of alimony but the amount and the duration of the alimony depends on various factors. The longer the marriage, the greater the chance that spousal support will be made, because the longer the marriage the stronger the presumption will be that both parties should have an equal standard of living. The difference in income also becomes am issue. The greater the difference between the incomes the greater the chance that spousal support will be made. If the husbands income is substantially larger than the woman’s than he should have to pay alimony, even if she was the one that cheated (John-Paul Boyd, 2006). The man should also pay spousal support if the woman is at an economic disadvantage. Sometimes after a couple has been married for a long period of time one partner can lose skills and opportunities for employment. If a woman has made career sacrifices for her marriage she will have a greater chance of being rewarded alimony (Brenda Cossman, 2006). Lastly, the man should pay alimony if the woman’s earning capacity is reduced because of her health, or other obligations such as child care.

People might get the assumption that because men are court ordered to pay spousal support more frequently means that women should automatically get alimony once they get divorced. Alimony is designed to provide the lower-income spouse with money for living expenses (Divorce Info, 2005). If the woman makes an equal amount or more than the man, than he should not have to paying alimony. A party who is self sufficient or capable of being self sufficient at the end of a marriage will usually not be awarded spousal support (John-Paul Boyd, 2006). There are instances when a wife might begin living with another man, also known as cohabitate (NC Family Law, 2002). In a case like this, no alimony should be granted