What is Spousal/Partner Support?
Spousal/partner support is money that is paid by one spouse/partner to the other spouse/partner following the end of their relationship, to contribute to their living expenses. Spousal support orders may be made under the Divorce Act or the Family Law Act. Partner support orders may be made under the Family Law Act. Such orders are intended to:
- recognize the financial/economic advantages or disadvantages to the spouses or partners arising from the relationship or its breakdown;
- share the burden of any financial/economic consequences arising from the care of any child of the relationship;
- relieve any financial/economic hardship arising from the breakdown of the relationship; and
- make fair provision to assist the spouse or partner to become able to contribute to his or her own support
Who can apply for Spousal/Partner Support?
Married spouses or common law partners may be entitled to spousal/partner support. It is especially important to consult with a lawyer about your eligibility if you are in a common law relationship.
Do we have to go to Court to Decide Spousal/Partner Support Issues?
You do not need to go to Court to decide spousal or partner support issues. It is strongly recommended that parties try to resolve these issues outside of the Court. In fact, legislation may specifically impose a duty on the parties to attempt to resolve the dispute outside of the Court (see, for example, s. 7.3 of the Divorce Act).
Spousal or partner support issues can be resolved by agreement. It is a very good idea to put any arrangement you come to into writing (such as a separation agreement) and have it signed by both parties in the presence of an official witness. You can then file a separation agreement with the Court so that it becomes enforceable as an Order of the Court (see s. 65(5) of the Family Law Act).
If you cannot come to an agreement regarding spousal or partner support issues, you can apply to the Court.
Which Court Will Decide My Spousal/Partner Support Application?
Only the Supreme Court can deal with applications for spousal support orders issued as part of, or after, a divorce. If your application for a spousal support order is part of an application for a divorce you should apply to the Family Division of the Supreme Court if you are in one of the judicial areas or the expanded service area described here. Otherwise, you should apply to the General Division of the Supreme Court.
If you are applying for a spousal or partner support order under the Family Law Act, you may be able to apply to the Supreme Court or the Provincial Court, depending upon your circumstances:
- If you live in a “judicial area” where the Supreme Court of Newfoundland and Labrador Family Division operates exclusively (see the description here, you must file your application with that Court.
- If you live in an “expanded service area” (see the description here), you have the option of filing your application with the Supreme Court of Newfoundland and Labrador Family Division or with the Provincial Court.
- In all other areas of the Province (including Labrador), your application may be filed in either the Provincial Court or the General Division of the Supreme Court.
It is strongly recommended to speak with a lawyer if you are uncertain which Court should be handling your case.
Filing documents in the wrong Court can lead to significant delays.
How does the Court determine entitlement, amount and duration of Spousal/Partner Support?
Judges will look at a number of factors when considering entitlement, amount and duration of spousal/partner support. Generally, the behaviour of the partner and the reason for the breakdown of the relationship is not relevant. The relevant factors include:
- Length of the relationship
- Children of the relationship
- Age of the parties
- Education of both parties
- Income levels of both parties
- Net worth of both parties
- Employment history of both parties
- Financial consequences of separation
- Whether one party was financially dependent on the other during the marriage or relationship
Once it is decided that a spouse has a right to receive spousal support under the Divorce Act, 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.