Justice Canada Publishes Spousal Support Advisory Guidelines

Justice Canada has published the final version of the Spousal Support Advisory Guidelines:

"The Spousal Support Advisory Guidelines were developed to bring more certainty and predictability to the determination of spousal support under the federal Divorce Act. The Advisory Guidelines project has been supported by the federal Department of Justice. The Advisory Guidelines were released three years ago, in January 2005, in the form of a Draft Proposal and have been used across Canada since then. Comments and feedback were provided and some revisions made. This document is the final version."

"The Spousal Support Advisory Guidelines are very different from the Federal Child Support Guidelines. They have not been legislated by the federal government. They are informal guidelines that will operate on an advisory basis only. The Advisory Guidelines will be used to determine the amount and duration of spousal support within the existing legal framework of the Divorce Act and the judicial decisions interpreting its provisions. The Guidelines are not legally binding and their adoption and use will be voluntary. They are intended as a practical tool to assist spouses, lawyers, mediators and judges in determining the amount and duration of spousal support in typical cases. The various components of the Guidelines — the basic formulas, restructuring, and exceptions — are intended to build upon current practice, reflecting best practices and emerging trends across the country."

The authors, 2 law professors, have also prepared a User's Guide.

[Source: Wise Law Blog]