The Family Law Act, sections 160 to 162 states:

 

160  If, after considering the objectives set out in section 161 [objectives of spousal support], a spouse is entitled to spousal support, the other spouse has a duty to provide support for the spouse in accordance with section 162 [determining spousal support].

 

161  In determining entitlement to spousal support, the parties to an agreement or the court must consider the following objectives:

 

(a) to recognize any economic advantages or disadvantages to the spouses arising from the relationship between the spouses or the breakdown of that relationship;

 

(b) to apportion between the spouses any financial consequences arising from the care of their child, beyond the duty to provide support for the child;

 

(c) to relieve any economic hardship of the spouses arising from the breakdown of the relationship between the spouses;

 

(d) as far as practicable, to promote the economic self-sufficiency of each spouse within a reasonable period of time.

 

162  The amount and duration of spousal support, if any, must be determined on consideration of the conditions, means, needs and other circumstances of each spouse, including the following:

 

(a) the length of time the spouses lived together;

 

(b) the functions performed by each spouse during the period they lived together;

 

(c) an agreement between the spouses, or an order, relating to the support of either spouse.

 

The Divorce Act, section 15.2 states:

 

(4) In making an order under subsection (1) or an interim order under subsection (2), the court shall take into consideration the condition, means, needs and other circumstances of each spouse, including

 

(a) the length of time the spouses cohabited;

 

(b) the functions performed by each spouse during cohabitation; and

 

(c) any order, agreement or arrangement relating to support of either spouse.

 

(6) An order made under subsection (1) or an interim order under subsection (2) that provides for the support of a spouse should

 

(a) recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;

 

(b) apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;

 

(c) relieve any economic hardship of the spouses arising from the breakdown of the marriage; and

 

(d) in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.

 

Deborah A. Todd
Deborah A. Todd