I found out that my wife has been having an affair. I have decided to end the marriage. Because she had an affair and has left our marriage, does this mean that she could not bring a claim for spousal support against me in a court?
February 17, 2017
A spouse’s claim to spousal support is not based on whether the spouse’s actions have led to the breakdown of the marriage. Rather it is based on whether that person has shown that they are entitled to spousal support because of the negative financial consequences suffered as a result of the breakdown of the marriage. The legislation that deals with spousal support for married persons is the Divorce Act. This Act requires that the spouse seeking spousal support prove their entitlement to support by showing that they should be compensated for the time invested in the relationship which has left them at a disadvantage (compensatory), they are in need of support (non-compensatory), or there has been some contract between the parties to pay support (contractual). Once they have proved entitlement, then the analysis now shifts to how much support they should receive and for how long.
Determining the amount of spousal support payable is quite a difficult task because of the various factors that need to be considered. Family lawyers are able to assist in determining what may be a realistic proposal for support. Mediators can work with both sides, but since this would be a financial issue, it would be best to have a “comprehensive mediator,” so that both sides may receive some guidance about the legal principles that apply. Thus a family lawyer/mediator may be able to assist. Our firm has family lawyer/mediators that can assist you in this process.