“I turn now to address the trial judge’s description of the award as “transitional” support. In my view, this description does not reflect what the trial judge actually awarded. For that reason, I address the concept of transitional support and its connection to limited-term support.
Transitional support is not a category of support. It is a word that is sometimes used to describe a spousal support award that is for a brief period of time, in other words, a short limited-term support award. It was the word “transitional” that appears to underlie the appellant’s submission that the amount of the award was excessive. Since the phrase “transitional support” is vernacular rather than a recognized legal term, it is generally not advisable to use it.
A limited-term support award is generally designed to enable the recipient, after a short term marriage, to either achieve self-sufficiency or adjust to a lower standard of living. According to Moge, limited-term support should be rarely awarded in marriages of long duration. Where limited-term support is awarded after a long term marriage, particularly one with children, the term must be long enough to satisfy the objectives of the Divorce Act.
In Fisher v. Fisher 2008 ONCA 11, the parties had been married for 19 years and had no children. At the time of separation, the wife was 41 and the husband was 42. The trial judge made a step-down support order which provided support at decreasing amounts for three years followed by a review, if requested. Since the wife had received interim support, the total term of support was four years. This court set aside the trial award and substituted a support order for an increased amount and for a term of seven years, without the possibility of a review. Although the marriage was lengthy, the court considered that after a period of seven years, the wife, who was still young, would either earn a higher income or adapt to a different lifestyle.”