Portable access to the Spousal Support Advisory Guidelines (SSAG)
Derived from Canadian Divorce Law & Practice
, the commentary of this work comprehensively covers the developing body of case law pertaining to spousal support in Canada, and includes the full text of the Spousal Support Advisory Guidelines and relevant sections of the Divorce Act
. The chapters dedicated to spousal support under the Divorce Act
include: Jurisdiction • Parties • Interim and Permanent Support • Terms and Conditions • Determination of Income. The chapters dedicated to the new Spousal Support Advisory Guidelines (SSAG) focus upon the following: the support formulas for spouses with child(ren) and for those without them; using the ranges; ceilings and floors; exceptions; variation and review of awards; retroactive support; and judicial reception of the SSAG.
The third edition of Spousal Support in Canada
reflects the developments across Canada in the law since the last edition.
New in this edition
- Where a trial judge has found that the support recipient has a prospect for early self-sufficiency, spousal support will be reviewed rather than terminated prior to the time range indicated by the SSAG: Lightle v. Kotar (2014, B.C.C.A.)
- When a payor retires with a full pension after completing a full term of service in the Armed Forces and when suffering from increasing ill health, these changes will constitute a material change in circumstances: Powell v. Levesque (2014, B.C.C.A.)
- If a trial judge grants a retroactive spousal support order but fails to take into consideration the implications of such an order, there is an error and the award should be discounted: Mew v. Mew (2012, Alta. C.A.)
- Where a recipient is entitled to indefinite support with limited ability to earn an income, spousal support at the mid-range will be ordered: Buttar v. Buttar (2013, Ont. C.A.)
- Where a motion judge denies a wife's claim for interim spousal support on the basis that it was precluded by the terms of the existing marriage contract, an appellate court will affirm the decision where the motion judge correctly applied the Miglin test and did not make any error in law: H. (C.M.) v. H. (J.R.) (2012, N.B.C.A.)
- The Court of Appeal will defer to the trial judge regarding indefinite support orders provided that the correct principles were considered: Werner v. Werner (2013, N.S.C.A.)
- Section 18 of the Divorce Act vests a court with the jurisdiction, in certain circumstances, with authority to make only a provisional order varying the terms of a "support order": Z. (R.) v. Z. (D.) (2013, P.E.I. C.A.)
- Updated discussion of judicial reception of the Spousal Support Advisory Guidelines, including chart listing, by jurisdiction, appellate decisions dealing with the spousal support guidelines