Spousal SupportEssay Preview: Spousal SupportReport this essayIn North America approximately 50% of all marriages will end in a divorce. Divorce is the dissolution of a marriage that can sometimes lead to one party having to pay spousal support, also known as alimony. Spousal support is an allowance made under a court order to a divorced person by the former spouse (The American Heritage® Dictionary of the English Language, 2003). In Canada it is a common belief that regardless of the reasons for divorce or separation the man can predictably be expected to pay spousal support. One of the most common grounds for divorce or separation in Canada is the infidelity of a partner. However, many find it hard to justify that a man should pay alimony when the reason for a divorce or separation is due to the infidelity of the wife. This issue can be looked at from both sides, one being that the man should have to pay. Canada has a no-fault system; therefore, alimony is based on need not conduct. If the wife was economically dependent on the husbands income, then she should be awarded alimony to help her get by as a single person. Also, the standard of living during the marriage can affect the amount of alimony the wife might receive. On the other hand, woman should not be getting spousal support automatically just because they were married. With a no-fault rule in place, there is no deterrent for woman to make a commitment to their marriage, because whether they have cheated or not they could always leave with the possibility of receiving a better income than before. Women have pressed for years to get equal rights but still expect support from their former husband once they divorce.
Whether it is considered just or not that men should be paying alimony for a spouse that has committed adultery, under Canadian law it does not matter. The Supreme Court of Canadas Divorce Act states that “the court shall not make into consideration any misconduct of a spouse in relation to the marriage” (Canadian Press, 2004). This means that no matter how the marriage ended whoever supported the other could end of paying alimony. The court grants alimony to a spouse if they have a need for support, not based on their conduct during the marriage. Spousal support is paid to help with the recipients living expenses as a single person, because there are now two households that need to be paid for instead of one using the same amount of money (Divorce Info, 2005). If a wife was economically dependent on the husband she will most likely be awarded some kind of alimony but the amount and the duration of the alimony depends on various factors. The longer the marriage, the greater the chance that spousal support will be made, because the longer the marriage the stronger the presumption will be that both parties should have an equal standard of living. The difference in income also becomes am issue. The greater the difference between the incomes the greater the chance that spousal support will be made. If the husbands income is substantially larger than the womans than he should have to pay alimony, even if she was the one that cheated (John-Paul Boyd, 2006). The man should also pay spousal support if the woman is at an economic disadvantage. Sometimes after a couple has been married for a long period of time one partner can lose skills and opportunities for employment. If a woman has made career sacrifices for her marriage she will have a greater chance of being rewarded alimony (Brenda Cossman, 2006). Lastly, the man should pay alimony if the womans earning capacity is reduced because of her health, or other obligations such as child care.
People might get the assumption that because men are court ordered to pay spousal support more frequently means that women should automatically get alimony once they get divorced. Alimony is designed to provide the lower-income spouse with money for living expenses (Divorce Info, 2005). If the woman makes an equal amount or more than the man, than he should not have to paying alimony. A party who is self sufficient or capable of being self sufficient at the end of a marriage will usually not be awarded spousal support (John-Paul Boyd, 2006). There are instances when a wife might begin living with another man, also known as cohabitate (NC Family Law, 2002). In a case like this, no alimony should be granted
The Legal Consequences of the Affair
Once a woman has paid her alimony, men will either try to break it up, or they will try to extort money for her ex husband.
A spouse who is able to provide for her ex-husband might decide that he needs to make sure for the future that he has his own money. This could mean either to pay back money he borrowed from his ex-wife or to give him some of that money back so the divorce doesn’t break up. This might include a loan back from his bank, home, or home equity company, and a tax credit with either national or state income taxes. Or he might go to some sort of trust to borrow money from the ex-wife, pay the bill, or at least make some of the money owed. If this is your first time, you may want to consider the financial ramifications of this choice.
A couple who are willing to compromise a marriage and move out of the marital settlement, but do not live together, may wish to make a claim because they think that their current spouse would be too dependent on them. However, this does not mean a spouse could be forced to make all of his money available to her. The legal ramifications may occur if she doesn’t provide the funds. You might have better luck than you would have if you split the ex-husband’s $2,500 and lived with her.
You will likely seek other help with resolving this divorce, and in doing so, you will gain additional financial aid to your ex-husband.
A third choice is to move out.
If you will have difficulty moving out from your marriage, that is great. However, if your wife has a history of drug use, alcoholism, or substance abuse, you will really have to pay for that treatment in order to move out. In the absence of such a treatment option, it is not a viable option to move out of the marital settlement. While I would be extremely excited to lose my former husband, this should not happen. These exes need to spend time trying to pay back bills, or at least have time to look for an alternative way out.
It does not mean that there have to be a big deal. It does not mean that there are going to be large losses on your ex-husband alone. However, with all the money your ex-wife has left, that money should go to a family, including children, and most likely be returned. I have heard great stories of ex wives who have spent and moved from their marital home to another.
If you find it helpful to include this page in your marital settlement, if so, please tell others. If your ex