After twenty-eight years of marriage, the Long Island Medium, Theresa Caputo,
and her husband, Larry Caputo, have decided to legally separate. Theresa
and Larry have two children together, Victoria and Larry Jr.; both children
are in their 20s.
The couple released a joint statement to People magazine saying, “after
28 years of marriage, we have decided to legally separate. We will always
love each other and our two wonderful children. We are united in supporting
each other and our family”.
In Ontario, how does a long term-marriage impact spousal support obligations?
In order for a Court to determine quantum and duration of
spousal support, the spouse seeking spousal support must first satisfy the court that
he/she is entitled to same. If the Court finds that the spouse seeking
support is entitled to receive support, then the Court will proceed to
determine the quantum and duration of the support.
Generally speaking, the duration that one spouse must pay the other spousal
support depends on the duration of the couple’s relationship, the
age of the recipient at the date of separation, and if the couple has
any children.
There is a positive correlation between the length a couple’s cohabitation/marriage
and the duration of the payor-spouse’s child support obligations.
When determining the duration of spousal support, there are two rules provided
for in the
Spousal Support Advisory Guidelines, which may lead the Court to order
spousal support for an indefinite period of time. The rules are as follows:
-
The Rule of 20. Whereby the recipient spouse receives indefinite support if the couple
has been together for twenty year or more; -
The Rule of 66. Whereby the sum of the length of the marriage/cohabitation and the recipient
spouses’ age total sixty-five (65) or higher.
Given that the Caputos were married for 28 years, if the parties were in
Ontario, and either Theresa or Larry could establish entitlement, it is
likely that the recipient spouse would receive indefinite spousal support
from the other.