TMZ has reported that former NFL star Jason Sehorn has separated from his
wife Angie Harmon after thirteen years of marriage. The couple have three
daughters together, ages 11, 9 and 5. TMZ further reported that Jason
has been living in North Carolina and working as an analyst for ESPN while
Harmon resides in L.A. with their three daughters. The couple will presumably
soon retain legal counsel to negotiate on their behalf towards a Separation
Agreement. Most likely, the issues of equalization, custody, child support and
spousal support will be addressed in a Separation Agreement between the parties.
In Ontario, the Spousal Support Advisory Guidelines provide a framework in which courts and counsel address the issue of spousal support. The Spousal Support Advisory Guidelines provides a complex formula which will generate the duration and quantum of support considering a multitude of factors particular to the situation. The formula, however, provides for indefinite support in two circumstances:
- When the marriage has been 20 years or longer in length (often referred to as the "Rule of 20");
- When the marriage is of a duration of at least five years and if the sum of the years of marriage plus the age of the support recipient at the time of separation equals or exceeds 65 (often referred to as the "Rule of 65").
Neither the Rule of 65 nor the Rule of 20 will be applicable with respect to the marriage of Angie Harmon and Jason Sehorn. Angie Harmon was 42 years of age at the date of separation and the marriage was approximately 13 years in length. Presuming Angie Harmon is to be the recipient of spousal support, the sum of the recipient's age and the length of the marriage would be ten years shy of 65. Therefore, if the parties were to reside in Ontario, Ms. Harmon would not be entitled to an indefinite period of support under the Rule of 65 nor the Rule of 20.