News of the breakup between actor Jon Hamm and actress Jennifer Westfeldt
hit the stands September 7, 2015. This Hollywood couple had persevered
through the challenges of fame, busy careers, and Hamm’s recent time
in rehabilitation for alcohol abuse. However, Hamm and Westfeldt ultimately
decided to end their 18-year relationship and they have recently announced
their separation.
Despite reports that the separation is amicable, Hamm and Westfeldt will
now surely face the daunting task of rearranging their affairs to adapt
to single life. Additionally, this difficult transition period may take
a greater toll on the former couple due to potential financial consequences
exacerbated by the circumstances and long duration of their relationship.
Entitlement to Spousal Support
The financial and other implications of separation warrant special consideration
when entering into or ending a long-term relationship wherein the parties
remain unmarried. Important issues must be dealt with when unmarried couples
like Hamm and Westfeldt separate. For Ontario couples in similar circumstances,
one of the central issues is often
spousal support obligations and entitlement. Quantum and duration of support would also
be at issue should entitlement be established.
Section 3(8) of Ontario’s
Family Law Act (“FLA“) provides for entitlement to support for a “spouse”. Entitlement
to spousal support can be established under section 3(8) of the
FLA based on the following:
- the spouse’s contribution to the relationship and the economic consequences
of the relationship for the spouse (Compensatory basis); and/or - the obligation to make fair provision to assist one’s spouse to become
able to contribute to his or her own support (Needs basis).
Inadvertently becoming a “Spouse”
Couples in situations like Hamm and Westfeldt might be under the misconception
that being unmarried means a person would not have the support obligations
or entitlements that can arise from a marriage. However, section 29 of the
FLA defines “spouse” for the purposes of support provisions to include
the following:
- couples who have cohabitated continuously for at least 3 years; or
- couples in a relationship of some permanence and are the natural or adoptive
parents of a child.
Therefore, support provisions such as section 33 of the
FLA (which address the issue of quantum of support) applies to both married
and unmarried spouses.
Financial Consequences and Considerations for Unmarried Spouses
Even couples without children, if in a relationship like that of Hamm and
Westfeldt could likely establish entitlement to support based on their
circumstances given a lengthy period of cohabitation. Ontario Courts consider
the facts and circumstances of each case in determining support entitlement,
quantum, and duration. Sufficient circumstances to warrant support entitlement
commonly arise from lengthy periods of cohabitation and the fact that
a relationship was 18 years long could be a significant factor in increasing
the duration over which spousal support must be paid.
It is important to note that Canadian Courts generally make decisions regarding
spousal support in accordance with the
Spousal Support Advisory Guidelines (“SSAG“). Though the
SSAG are not mandatory,
SSAG calculations are generally accepted by the courts and frequently relied
on by parties negotiating with respect to the quantum and duration of
spousal support.
For long-term couples who have been together as long as Hamm and Westfeldt,
who have made life decisions based on the relationship or who gave up
career opportunities or made other sacrifices in order to stand by each
other during difficult times (such as Hamm’s recent rehabilitation),
an Ontario Court could likely find a compensatory basis for support entitlement
even if neither spouse established a needs basis for support.