User Name: JINKEE BANTUG

Date and Time: March 5, 2021 10:28:00 PM EST

Job Number: 138222869

Document (1)

1. Indexing of Spousal Support

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JINKEE BANTUG
 Indexing of Spousal Support
Founding Authors: Robyn Switzer, Switzer Family Law and Dani Frodis, Frodis Family Law. Updating Author:
Robyn Switzer, Switzer Family Law.
Current as of: 03/03/2021

Robyn Switzer and Dani Frodis, Frodis Family Law

Pursuant to s. 34(5) of the Family Law Act, R.S.O. 1990, c. F.3, the court has the power to make an interim or final
order that spousal support:

…shall be increased annually on the order's anniversary date by the indexing factor, as defined in subsection (6)…

34. (6) The indexing factor for a given month is the percentage change in the Consumer Price Index for Canada for
prices of all items since the same month of the previous year, as published by Statistics Canada.

In other words, the court can require that spousal support be increased each year to keep up with inflation (also
known as a cost of living adjustment). The idea here is to ensure support continues to meet the recipient's need
and to prevent future variation applications.

Orders for support made under the Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, may also be indexed (see Linton v.
Linton, [1990] O.J. No. 2267 (C.A.)).

A typical Order for indexing might read as follows:

(1) Child/Spousal Support shall be indexed annually in accordance with s. 34(5) of the Family Law Act.

A calculation of support with indexing may go as follows:

Support Ordered Nov. 1, 202X = $1,000 per month

Consumer Price Index for Nov. 202X = 1.3% (this is the not the actual CPI in November and is just an example)

1.3% of $1,000 = $13.00

Support Payable Nov. 1, 202X through Oct. 1, 202X = $1,013

Consumer Price Index for Nov. 202X = 1.8%

1.8% of $1,013 = $18.23

Support Payable Nov. 1, 202X through Oct. 1, 202X = $1,031.23

For assistance with the calculation, use our CPI Calculator, which provides a detailed breakdown of the calculation.

End of Document

JINKEE BANTUG