Spousal support is one of the most contentious areas of divorce law. Courts are asked to balance subjective notions of fairness and financial stability when relationships end. Governed by either federal or provincial legislation, depending on whether a person is married, spousal support generally aims to address economic disparity at relationship breakdown.
The case of Scheibler v. Scheibler, decided at both the trial and appellate levels, highlights how spousal support entitlement is determined and the factors courts weigh in such decisions.
Understanding Spousal Support Entitlement
Spousal support can be awarded on three main bases:
Compensatory Support: To compensate a spouse for sacrifices made during the marriage, such as lost career opportunities due to the decision to specialize in child rearing.
Non-Compensatory Support: To address financial need and disparities in post-separation living standards, particularly where one spouse is financially dependent or unable to work because of disability.
Contractual Support: Based on agreements, such as prenuptial or separation agreements.
The Divorce Act, Section 15.2, and the Family Law Act, Section 33, aim to:
Promote fairness between the spouses and the impact of choices they made during the relationship
Encourage self-sufficiency within a reasonable period
Address economic hardship caused by the marriage breakdown
After an entitlement to support is recognized, courts consult the Spousal Support Advisory Guidelines (SSAG) to calculate appropriate amounts and duration. While not binding, these guidelines provide a starting point and helpful framework for ensuring consistency in the amounts awarded.
The Facts of the Case: Scheibler v. Scheibler
The Parties:
Michael and Betty Scheibler were married in 2000 and separated in 2013, making this their third marriage for each.
They had no children together or from prior relationships living with them.
Financial Circumstances:
Michael pursued various non-remunerative ventures, including running a wildlife sanctuary on their property. His annual income rarely exceeded $10,000.
Betty worked consistently as a grocery store clerk, earning between $60,000 and $70,000 annually. She paid for most household expenses during the marriage, including the mortgage, utilities, and groceries.
Post-separation, Betty continued paying significant expenses for the matrimonial home, which Michael exclusively occupied.
Key Financial Facts:
Betty paid over $86,000 in expenses for the home and Michael’s car insurance after separation.
Michael contributed little financially and declined to pursue regular employment, focusing instead on his wildlife sanctuary.
The Lower Court Decision: Transitional, or time-limited, Non-Compensatory Support
In Scheibler v. Scheibler, 2022 ONSC 6472, Justice Fregeau awarded Michael transitional retroactive non-compensatory spousal support for the three years immediately following the separation (2014–2016), totaling $39,000.
Key Findings:
Non-Compensatory Support Entitlement:
Michael was financially dependent on Betty during the marriage, with her earnings covering most household expenses.
Betty had “acquiesced” to Michael’s lifestyle choices, including his non-remunerative pursuits, which established a basis for his dependence.
The support award was transitional, aimed at helping Michael achieve self-sufficiency post-separation.
Post-Separation Payments:
Betty’s substantial post-separation payments were acknowledged through a set-off mechanism, reducing Michael’s net entitlement. The court ordered Michael to repay $43,243 to Betty for expenses she incurred, offsetting the spousal support award.
Disclosure Issues:
Michael failed to disclose critical financial documents, including records of income from his ventures. While this weakened his position, the court still found that his financial dependency warranted support.
The Court of Appeal Decision: Affirming the Award
Betty appealed the lower court’s decision, arguing that Michael’s financial dependence was self-imposed due to his refusal to seek employment. In Scheibler v. Scheibler, 2024 ONCA 191, the Court of Appeal for Ontario upheld the Justice Fregeau's decision, emphasizing the following:
Deference to Trial Judges:
Spousal support decisions are fact-driven and discretionary. The appellate court found no errors in principle to warrant overturning the award.
The trial judge’s findings—that Michael was financially dependent and that Betty acquiesced to his choices—were supported by evidence.
Non-Compensatory Support Justification:
The award addressed Michael’s financial need and inability to achieve self-sufficiency post-separation. The appellate court agreed that the award was fair under the circumstances.
Retroactive Support:
The court clarified that the “retroactive” label was largely notional. The support covered a period where Betty had already provided significant financial assistance.
Takeaways from Scheibler v. Scheibler
Dependence and Acquiescence Matter:
Spousal support entitlement often hinges on the financial dynamics during the marriage. Betty’s financial contributions and tacit acceptance of Michael’s choices established his dependency.
Set-Off Mechanisms Promote Fairness:
By offsetting post-separation expenses against spousal support, the court ensured equitable treatment for both parties.
Transitional Support is Common:
Non-compensatory spousal support often aims to bridge the gap between financial dependence and independence after separation.
Disclosure is Essential:
While Michael’s lack of financial disclosure weakened his case, it did not negate his entitlement entirely. Courts may still award support if there is sufficient evidence of need.
Legislation And Case Law Referenced
Divorce Act (R.S.C., 1985, c. 3):
Section 15.2 outlines spousal support objectives, focusing on financial fairness and self-sufficiency.
Leading case law such as Moge v. Moge, [1992] 3 S.C.R. 813 and Bracklow v. Bracklow, [1999] 1 S.C.R. 420 inform the principles of compensatory and non-compensatory support.
Family Law Act (R.S.O. 1990, c. F.3):
Section 33 provides for spousal support in provincially governed relationships, mirroring similar objectives to the federal statute.
Conclusion
The case of Scheibler v. Scheibler highlights the complexities of spousal support entitlement. Courts balance financial contributions, effect of decisions on spouses economic position, dependence, and fairness.
Transitional non-compensatory support plays a crucial role in addressing financial disparities, particularly when one spouse has relied heavily on the other during the marriage or common law relationship.
If you’re facing spousal support issues, whether as a payor or recipient, consult an experienced family lawyer for advice. Understanding the interplay of the specific facts of your case is essential to achieving a fair outcome and making strategic decisions in your matter.
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