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Spousal Support Advisory Guidelines:
A Draft Proposal

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TABLE OF CONTENTS

COVER PAGE

EXECUTIVE SUMMARY

INTRODUCTION

1. BACKGROUND—THE CURRENT LAW OF SPOUSAL SUPPORT

1.1 The Legislative Framework
1.2 Judicial Interpretation
1.3 The Problem of Spousal Support and the Need for Guidelines
1.4 Why Guidelines Now?

2. THE GUIDELINES PROJECT

2.1 The Nature of the Proposed Guidelines: Informal, Voluntary and Advisory
2.2 The Challenges of the Project
2.3 How We Got Here: The Process to Date
2.4 The Next Stage

3. WHY GUIDELINES? HOW WILL THEY WORK IN PRACTICE?

3.1 The Advantages and Disadvantages of Guidelines
3.2 How These Advisory Guidelines Might Work in Practice

4. THE BASIS STRUCTURE OF THE ADVISORY GUIDELINES

4.1 Income Sharing
4.2 Preliminary Issues—The Applicability of the Advisory Guidelines
4.3 The Formulas
4.4 After the Formulas Have Been Applied: Issues of Restructuring and Exceptions

5. THE WITHOUT CHILD SUPPORT FORMULA

5.1 The Basic Structure of the Without Child Support Formula
5.2 Merger over Time and Existing Theories of Spousal Support
5.3 Applying the Formula
5.4 Making the Formula Concrete—Some Examples
5.5 Using the Ranges
5.6 Restructuring
5.7 Exceptions

6. THE WITH CHILD SUPPORT FORMULA

6.1 The Rationales for Spousal Support
6.2 Background to the Basic Formula
6.3 The Basic Formula
6.4 Amounts of Spousal Support: Examples of the Basic Formula
6.5 Fixing an Amount Within the Range
6.6 Duration under the Basic Formula
6.7 Custodial Variations: Shared and Split Custody
6.8 A Hybrid Formula for Spousal Support Paid by the Custodial Parent
6.9 Restructuring
6.10 Exceptions
6.11 The Crossover Between Formulas

7. CEILINGS AND FLOORS

7.1 Ceilings
7.2 Floors

8. INTERIM SUPPORT

9. APPLYING THE ADVISORY GUIDELINES IN QUEBEC

9.1 The Definition of Income
9.2 Length of Marriage Under the Without Child Support Formula
9.3 Child Support and the With Child Support Formula

10. VARIATION, REVIEW, REMARRIAGE, SECOND FAMILIES

10.1 Material Changes, Review and Issues of Continuing Entitlement
10.2 Applications to Reduce Spousal Support Because of Changes in Income
10.3 The Payor’s Post-Separation Income Increase
10.4 The Recipient’s Reduced Income After Separation
10.5 Crossover Between the Two Formulas
10.6 The Payor’s Remarriage or Re-partnering
10.7 The Recipient’s Remarriage or Re-partnering
10.8 Second Families

11   CONCLUSION

APPENDIX A
SPOUSAL SUPPORT CASES USING INCOME SHARING

APPENDIX B
MEMBERS OF THE ADVISORY WORKING GROUP ON FAMILY LAW

APPENDIX C
DETAILED CALCULATIONS UNDER THE BASIC WITH CHILD SUPPORT FORMULA

APPENDIX D
SPOUSAL SUPPORT RANGES BY PROVINCE/TERRITORY UNDER THE WITH CHILD SUPPORT FORMULA

GLOSSARY OF TERM