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Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.))

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Act current to 2021-06-28 and last amended on 2021-03-01. Previous Versions

Marginal note:Spousal support order

  •  (1) A court of competent jurisdiction may, on application by either or both spouses, make an order requiring a spouse to secure or pay, or to secure and pay, such lump sum or periodic sums, or such lump sum and periodic sums, as the court thinks reasonable for the support of the other spouse.

  • Marginal note:Interim order

    (2) Where an application is made under subsection (1), the court may, on application by either or both spouses, make an interim order requiring a spouse to secure or pay, or to secure and pay, such lump sum or periodic sums, or such lump sum and periodic sums, as the court thinks reasonable for the support of the other spouse, pending the determination of the application under subsection (1).

  • Marginal note:Terms and conditions

    (3) The court may make an order under subsection (1) or an interim order under subsection (2) for a definite or indefinite period or until a specified event occurs, and may impose terms, conditions or restrictions in connection with the order as it thinks fit and just.

  • Marginal note:Factors

    (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.

  • Marginal note:Spousal misconduct

    (5) In making an order under subsection (1) or an interim order under subsection (2), the court shall not take into consideration any misconduct of a spouse in relation to the marriage.

  • Marginal note:Objectives of spousal support order

    (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.

  • 1997, c. 1, s. 2
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