Compensatory Spousal Support
Material Change in Family Law Agreements
July 14, 2024
Beyond the emotional toll, there may be significant economic disparities created or exacerbated within the marriage itself that must be accounted for in a divorce. This is where compensatory spousal support comes in.
Compensatory support, also known as spousal retraining or rehabilitative support, aims to address these financial imbalances. It's not about punishing one spouse, but rather about recognizing and rectifying the economic sacrifices made by one partner for the benefit of the other, and the family unit.
Compensatory support, also known as spousal retraining or rehabilitative support, aims to address these financial imbalances. It's not about punishing one spouse, but rather about recognizing and rectifying the economic sacrifices made by one partner for the benefit of the other, and the family unit.
When Does Compensatory Support Come into Play?
Generally, long-term marriages are more likely to see compensatory support awarded. The key factor is whether one spouse gave up financial gain in support of family needs. This may include but is not limited to:- Putting a career on hold: One spouse may have left their job or taken a lower-paying, part-time position to raise children, allowing the other spouse to focus on their career.
- Forgoing education: Sacrificing opportunities for further education or professional training to manage the household or support the other spouse's academic pursuits.
- Business sacrifices: Supporting a spouse's entrepreneurial endeavours by managing the home front, which could have limited earning potential.
How is Compensatory Support Calculated?
There's no one-size-fits-all answer. There are several factors to consider when determining the amount and duration of compensatory support, including:- Length of the marriage: Longer marriages generally result in a greater potential for economic disparity.
- The income disparity between the spouses: The larger the gap, the stronger the case for support.
- The sacrifices made by the lower-earning spouse: The court will assess the extent to which one spouse's career or earning potential was impacted by their role in the marriage.
- The ability of the lower-earning spouse to become self-sufficient: The goal is often to equip the supported spouse with the skills and resources to achieve financial independence in the long run.
