本文发表在 rolia.net 枫下论坛Quotation from spousal support under Canada's Divorce Act:
"A court can make a temporary spousal support order (called an "interim" order) as soon as the divorce petition is filed, to be in force until the divorce trial can be scheduled.
The Act is not sexist and does not favour men or women.
The court must consider the "condition, means, needs and other circumstances of each spouse for whom support is sought including the length of time the spouses cohabited, the functions performed by the spouse during cohabitation and any order or agreement relating to support of the spouse" in deciding whether to grant spousal support.
If spousal support is granted, four objectives are listed in the Act:
1.Recognizing economic advantages or disadvantages arising from the marriage or the divorce;
2.Once any child support obligations have been divvied, divide between the spouses any financial consequences arising from the care of any child (child support payments take precedence over spousal support. In fact, where child support exhausts the debtor's ability to pay, spousal support, even though otherwise due, can be suspended);
3.Relieve any economic hardship a spouse might suffer as a result of the marriage breakdown;
4.In so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time. Each case is evaluated on it's own merits and is dependent on market conditions. There is case law that suggests that life-long support is appropriate where a homemaker has devoted an entire life to raising children and, by the time of the divorce, cannot realistically be expected to retrain and compete for employment.
"
基本上争抚养费一方要有充足证据证明他/她为这个婚姻付出了许多以至不能再自食其力,那么离婚不能使得他的生活水平下降。所以能拿到support的一方,通常是女人,带孩子,有个一般的特点是长期不工作。楼主不用太担心,除非她能找到婚姻法律师证明这点,否则很难。她自己是律师但不能代表自己。更多精彩文章及讨论,请光临枫下论坛 rolia.net
"A court can make a temporary spousal support order (called an "interim" order) as soon as the divorce petition is filed, to be in force until the divorce trial can be scheduled.
The Act is not sexist and does not favour men or women.
The court must consider the "condition, means, needs and other circumstances of each spouse for whom support is sought including the length of time the spouses cohabited, the functions performed by the spouse during cohabitation and any order or agreement relating to support of the spouse" in deciding whether to grant spousal support.
If spousal support is granted, four objectives are listed in the Act:
1.Recognizing economic advantages or disadvantages arising from the marriage or the divorce;
2.Once any child support obligations have been divvied, divide between the spouses any financial consequences arising from the care of any child (child support payments take precedence over spousal support. In fact, where child support exhausts the debtor's ability to pay, spousal support, even though otherwise due, can be suspended);
3.Relieve any economic hardship a spouse might suffer as a result of the marriage breakdown;
4.In so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time. Each case is evaluated on it's own merits and is dependent on market conditions. There is case law that suggests that life-long support is appropriate where a homemaker has devoted an entire life to raising children and, by the time of the divorce, cannot realistically be expected to retrain and compete for employment.
"
基本上争抚养费一方要有充足证据证明他/她为这个婚姻付出了许多以至不能再自食其力,那么离婚不能使得他的生活水平下降。所以能拿到support的一方,通常是女人,带孩子,有个一般的特点是长期不工作。楼主不用太担心,除非她能找到婚姻法律师证明这点,否则很难。她自己是律师但不能代表自己。更多精彩文章及讨论,请光临枫下论坛 rolia.net