Understanding the duty to become self-sufficient in regards to Spousal Support
The primary purpose of Spousal Support
One of the purposes of Spousal Support is to help the recipient become self-sufficient and promote the economic self-sufficiency of each spouse within a reasonable period of time.
Expectations for the recipient spouse
Making reasonable efforts
The recipient spouse is generally expected to make reasonable efforts to achieve self-sufficiency. These efforts may include:
Becoming employed
Pursuing education or training
Taking other steps to improve their economic situation
Balancing self-sufficiency with reasonableness
Key factors considered
The expectation of self-sufficiency must be balanced against reasonableness given the specific circumstances. Several factors influence what's considered reasonable in each situation:
Age of the recipient spouse
Health conditions
Employability
Length of the marriage
Caregiving responsibilities
Time-limited support options
Parties can agree to time-limited support arrangements to provide the recipient spouse with adequate time to become self-sufficient while establishing clear guidelines.
Special circumstances that affect self-sufficiency requirements
Long-Term relationships and extended absence from workforce
In cases involving long-term relationships, particularly where the recipient spouse has been out of the workforce for many years, the duty to become self-sufficient becomes less emphasized. In these situations, an indefinite support award may be more appropriate given the challenges of re-entering the job market after an extended absence.
Age and health considerations
When the recipient spouse is older or has experienced significant health issues, the expectation of self-sufficiency might be reduced or eliminated entirely.
Primary caregiving responsibilities
Primary caregiving responsibilities for young children can impact a spouse's ability to become self-sufficient. Courts typically take these responsibilities into consideration when determining support arrangements.
In a case like that, you might find that there's a periodic payment for a period of time while they become self-sufficient. And then when the child is older, that duty to become self-sufficient might arise.
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Important Disclaimer
Content and videos in The Divii Knowledge Centre provide general information about separation and divorce and is not and should not be considered legal advice. For guidance specific to your situation, it's important to consult with a qualified family lawyer in your area. It's always highly recommended to seek independent legal advice during your separation.
