What is Spousal Support?

Spousal support is a sum of money paid by the spouse with the higher income to the spouse with the lower income after Separation, but is not an automatic entitlement and will depend on many factors such as length of total cohabitation period, age of the parties, ability of the recipient to become self-sufficient, ability of the payor to pay, among others. You do not need to be married to qualify for spousal support, but you will have had to cohabit in a common law relationship with at least some degree of financial interdependence.

Many factors are considered when determining a) if spousal support is appropriate, and if so, b) how much and long support is to be paid.

This is often reviewed with reference to the Spousal Support Advisory Guidelines, however these guidelines are not determinative.  It is always best to consult with an experienced family law lawyer in reviewing how to resolve spousal support.

What is Spousal Support for?

  • To recognize each parties’ contributions to the relationship
  • Correct any economic advantage/disadvantage a spouse may have incurred as a result of the relationship or relationship breakdown
  • Relieve financial hardship

In 2008 the Spousal Support Advisory Guidelines (or “SSAGs”) were introduced to help parties determine the appropriate amount of spousal support payable by one spouse to the other. Although they help determine a range of appropriate spousal support payments based on high, low and mid-ranges, they may not be entirely accurate as many factors are considered based on the individual context of each matter. Before parties agree on an amount of spousal support payable, you’ll have to determine if there are any unique factors that apply to your financial situation such as the ability for the support recipient to be self-sufficient, and if the support payor will incur financial hardship as a result of support payments. Whether you deal with the relationship breakdown by way of Separation Agreement or court proceedings, you can submit your Agreement or Final Order to the Family Responsibility Office for enforcement.

Disclaimer: The information contained within these pages is general information only. Each matter is unique and the information contained within these pages may not apply to your situation. You should always seek legal advice to review your individual matter.