October 28, 2022 – Entitlement to Spousal Support & Disparity of Incomes

“Disparity in incomes does not establish, in and of itself, an entitlement to spousal support.  The Spousal Support Advisory Guidelines (SSAG) Users Guide is very clear that a determination of entitlement under the Divorce Act is still a condition precedent to an order for support.

One of the objectives of a support order under s.15.2(6) of the Divorce Act is the promotion of self sufficiency. To establish entitlement based on “need” a spouse is first required to show their inability to become self sufficient, in whole or in part.  The assessment of “need” is based on a reflection of the standard of living the parties had while together, so the husband in this case is not limited to the modest lifestyle he has adopted.”

            Dickson v. Dickson, 2021 ONSC 7180 (CanLII) at 6-7