According to TMZ online, Ashton Kutcher and Demi Moore have finally reached
a separation agreement. While the process has been drawn-out and contentious
at times, TMZ reports that both are now happy with their final agreement.
As for the matter of property division, TMZ reports that Ashton “was
a little more generous than he had to be” but that the ex-spouses
basically split the net family property (property acquired over the course
of the marriage) in half. And while we’re sure that there was more
than enough to go around, according to TMZ the settlement was substantially
less than what Moore received from first ex-husband Bruce Willis, who
was at the peak of his career when the couple divorced.
Sources also report that Moore sought
spousal support on the grounds that Kutcher had been unfaithful during the marriage. Unfortunately
for Moore, California, like Ontario, is a no-fault state, meaning that
the cause of the divorce has no impact on the parties’ support obligations.
Moreover, Moore is reported to have a higher net worth than Kutcher ($150
million vs. $140 million) despite Kutcher currently making a higher annual
salary as the star of the hit sitcom Two and a Half Men.
In Ontario, a court may make an order for spousal support that is either
indefinite or time limited, pursuant to s. 15.2 of the
Divorce Act. The courts also have the option of awarding lump-sum spousal support, however,
this is less common. Security may be ordered to secure the support obligation,
and conditions may be imposed by the courts. One common condition is that
the support recipient’s right to support will end if he or she cohabits
with or remarries another romantic partner.
In Canada, the
Spousal Support Advisory Guidelines generally govern the amount and duration of spousal support awards. Unlike the
Child Support Guidelines, the
SSAG are not legislated and are therefore not binding on Canadian courts.
Rather, the
SSAG are a practical tool to assist spouses, lawyers and judges alike in determining
the amount and duration of support. That being said, a Judge must offer
reasons for departing from the
SSAG, especially where the departure does not fall within one of the exceptions
recognized in the Guidelines.
Finally, it must be remembered that while the SSAG assist in determining
the amount and duration of support, they do not deal with entitlement.
Before the SSAG even come into play, a spouse must demonstrate entitlement
on at least one of the three grounds: compensatory, contractual or non-compensatory
(where there is economic hardship resulting from the breakdown of the
marriage). It is hard to imagine that Moore would need spousal support
with a net worth of approximately $150 million.