Spousal Support
The purpose of spousal support is to ease the impact of economic hardship that results from the marriage or its breakdown. The economic or financial objectives behind spousal support are:
- balancing the economic advantages and disadvantages of the marriage and its breakdown;
- adjusting for the financial impact on the custodial spouse of raising the parties’ children;
- compensating the hardship resulting from marriage breakdown;
- promoting economic self-sufficiency ‘within a reasonable length of time”
When determining the quantum of spousal support, the courts consider :
- the condition, means, needs and other circumstances of each spouse,
- the nature of the relationship of the parties while they cohabited including duration and functions performed,
- and any outstanding court orders and agreements relating to spousal support.
Although law gives priority to an application for child support over the application for spousal support but a later reduction or termination of child support can be a ground for either a subsequent original application for spousal support or an application to vary it.
