FAMILY DIVISION
Money Matters
Spousal/Partner Support
What is Spousal/Partner Support?
- Spousal support is money that is paid by an
ex-spouse or ex-partner to another to help with expenses (used to be called
alimony).
- Spousal support should ensure that once a
relationship is over, one spouse does not suffer economic hardship.
- It should also compensate spouses for the
financial impact of the relationship. In most cases this is giving up work
to care for children.
- Spousal support should help each spouse
become economically independent within a reasonable amount of time, if
possible.
Receiving Spousal Support
- Spousal support can be addressed in a
separation agreement (if so, it should be remembered that this can become a
part of a final divorce order).
- If you and your partner cannot agree on
spousal support, you can apply to Court to ask for an order.
What is the Amount and Duration of Spousal
Support?
Once it is decided that a spouse has a right to
receive spousal support, a Judge will often use the Spousal Support Advisory
Guidelines to decide how much spousal support should be paid, and for how long.
Unlike the Child Support Guidelines, which are
law, the Spousal Support Advisory Guidelines are recommendations; they are not
the law.
View the guidelines here:
http://www.justice.gc.ca/eng/pi/fcy-fea/spo-epo/g-ld/spag/index.html
Judges will look at a number of factors when
considering the amount of spousal support. Generally, the behaviour of the
partner and the reason for the breakdown of the relationship is not relevant.
Who Can Apply for Spousal/Partner Support?
Either partner to married or common law
relationships may be entitled to spousal support. It is especially important to
consult with a lawyer about your eligibility if you are in a common law
relationship.
|
