Oscar-winning actors Susan Sarandon and Tim Robbins have split after their
23-year relationship. Sarandon and Robbins have never gotten married,
but have two children together: Jack, age 20, and Miles, age 17. Sarandon
and Robbins are respectively 63 and 51 years old. Both stars are notably
respected for their Oscar-worthy performances, specifically for Sarandon
in “Thelma and Louise” and Robbins in “Mystic River”.
A spokesperson has confirmed that the couple have separated over this
summer, and have only made it official recently.
If Sarandon and Robbins were living in Ontario as a common law couple,
and decided to commence their separation in Ontario, the following is
plausible.
Spousal Support
Given both actors are financially prosperous due to their acting career, a
spousal support claim would depend on whether one of the parties can show a need for
spousal support. Some of the factors to be considered for a court to grant
spousal support are: the length of the relationship, the need for financial
support, the need to compensate a partner for the economic hardship they
endured from the relationship, a partner’s contributions to enhance
the other’s career, and the need to maintain the same standard of
living when the partners lived together. Based on both of the parties’
net worth and their ability to earn an income it is unlikely one can establish
a need for spousal support. The Court will not provide a windfall to couples
who are self-sufficient.
Custody and Access
There would not be an issue of access for the children, namely Miles and
Jack, because both children are old enough and mature enough to independently
decide how much time (if any) they want to spend with each parent, and
who they want to live with.
Child Support
Given that child support is the right of the child and the funds for child
support are meant to foster the status quo for the child, the Courts are
bound by the Federal Child Support Guidelines. The Guidelines include
a table that shows the child support owed based on the income of the payor
and the amount of children. In Sarandon and Robbins’ situation, the parent
with whom the child primarily resides would be entitled to receive child
support for Miles as he is only 17 years old and considered a dependent
child. Sarandon and Robbins’ child Jack, who is 20 years old, may be granted
child support if Jack can show he is not a self-supporting child. This
means that Jack would show that either he has an illness/disability or
he is a full-time student working towards a first post-secondary degree
or diploma who has his primary residence with his parent.
Extraordinary Expenses
In addition to paying child support, extraordinary expenses are to be
split proportionately between the parents, based on their respective incomes.
Although there is no hard and fast rule of how to exactly determine what
is an extraordinary expense, section 7 of the Federal Child Support Guidelines
states that such expenses include: child care expenses, expenses of post-secondary
education, and expenses for extracurricular activities, to name a few.
In order to add on an extraordinary expense to child support, one is to
look at the expense itself and compare it to the family’s income in
order to consider it extraordinary. It is important to note that if Sarandon
or Robbins was to claim a $20.00 sporting activity fee as an extraordinary
expense, this would not likely be considered an extraordinary expense
given they are both high earning parents and such an expense is a nominal
amount in comparison to their respective incomes.
At the end of the day, the most pressing issues for Sarandon and Robbins
in a Canadian family law context would include
child support and the extraordinary expenses. There is no
equalization payment involved or
property division as they were not married.