Spousal Support Database Service

What information does the New Revised Spousal Support Database contain?

Each case has been summarized under up to forty different categories. Some of the major factors include the age of the recipient spouse, the length of the parties' marriage/cohabitation, the payor's annual income, the recipient's annual income, whether the parties had a "traditional" marriage, the judge's name, the province, the amount of property distributed to the recipient spouse, if any, and whether the order is interim or final. Not all cases include all of these factors.

The database cannot be a replacement for thorough legal research. However, it can facilitate such research by providing to the reader a quick summary of all available cases with similar factors and attributes. Most importantly, it can also provide a guide as to what the range of periodic or lump sum support payments might be, according to the Courts, for any given fact situation.

New Sample Research Results

In addition to providing an abbreviated summary of all the cases on a combined chart, we also include a detailed representation of all the notable factors in the case on separate forms. We will then calculate the spousal support amount under the new Spousal Support Advisory Guidelines in addition to our regular provision of analogous case law. On the search request form, you can also ask for cases in a given fact situation by specifying the name of a Judge or Province, which we can provide if such information is available.

The revised Spousal Support database will also apply the new Spousal Support Advisory Guidelines and compare the results for your client's circumstances to the case law. Think of the revised Spousal Support Database as a doubled-barreled approach to court proceedings or settlement agreements.

Child Support and its Effects on Spousal Decisions

As a result of changes in both Canada's Income Tax and Divorce Act in 1977, child support is no longer deductible for any new agreements or new court orders, including variations of former orders, on or after May, 1997. Therefore, when child support is payable, the results of a spousal support database search should be reviewed together with a precise calculation of each spouse's net disposable income, after child support under the applicable Guidelines, has been taken into account.