Does it matter if the spouse claiming support already has significant savings or investments?
Yes, a recipient's own assets and investment income are directly relevant to both entitlement and the amount of any support award. Spousal support addresses financial need and economic disadvantage — if the recipient has substantial savings, investments, or other assets generating income, that reduces their financial need and may significantly reduce or eliminate the amount of support owed.
Courts consider the recipient's full financial picture, not just their employment income. Investment income, rental income, RRSP proceeds, and returns from a property settlement all count as resources available to the recipient. A recipient who received a large share of marital assets in property division may have less support need than their employment income alone would suggest.
That said, assets do not automatically eliminate entitlement. A compensatory claim — based on career sacrifice or economic disadvantage caused by the marriage — exists independently of current financial need. Even a recipient with significant investments may have a valid compensatory claim. But the amount and duration of support would be moderated by the fact that the recipient's actual financial need is lower. Courts aim for an outcome that is fair to both parties, not one that ignores financial reality on either side.
Key takeaways
- The recipient's savings, investments, and other income reduce the amount of support needed.
- Courts consider the full financial picture, including assets from property division.
- Compensatory entitlement can exist even if the recipient has significant wealth.
- Amount and duration are moderated by actual financial need on the recipient's side.