Does Spousal Misconduct Affect Support in Ontario?
According to subsection 15.2(5) of the Divorce Act, spousal misconduct in a marriage is not a proper consideration in determining an order for spousal support.
According to section 33(10) of the Family Law Act, the obligation to provide support for a spouse exists without regard to the conduct of the spouses. Nonetheless according to this section, a court may consider spousal misconduct in relation to determining the amount of spousal support order only in the rare case where the misconduct is so unconscionable as to constitute an obvious and gross repudiation of the relationship.
This article is general information only. It is not legal advice, and reading it does not create a lawyer-client relationship. Every situation is different, so if you have a legal issue, speak to a lawyer who can give you advice specific to your circumstances.
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