What is Spousal Support?

This article is a brief and general overview about Spousal Support. Spousal Support is the money that one spouse may have to pay the other spouse in order to financially support them after a separation or divorce. Spousal Support can be paid on a monthly basis, or can be paid in a lump sum. 

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Who is eligible for Spousal Support?

When a married couple divorces, either spouse is eligible to seek Spousal Support. In each case, a judge will consider several factors in order to determine if Spousal Support should be paid. Some of these factors include: 

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• ​The financial means, needs, and circumstances of both spouses

• The role of each spouse during the marriage

• The length of time the two spouses were married

• The ongoing responsibilities for caring for any children

• Any previous orders, agreements, or arrangements regarding spousal support

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What laws apply to Spousal Support?​​​​

The Divorce Act is a federal law that applies to a divorced couple when they are seeking Spousal Support from their former spouse. 

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How is Spousal Support created?​

Calculating spousal support is one of the most complex issues in Family Law. Many factors need to be considered when calculating the amount of spousal support. Most lawyers and courts typically use the Spousal Support Advisory Guidelines to help calculate Spousal Support. ​​

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Important FAQs: 

​1. Do I have to pay both child support and spousal support at the same time? ​

In most cases, people pay both child support and spousal support at the same time. However, according to the Divorce Act, the payment of child support should be prioritized. This means that in situations where there is not enough money for a person to pay both child support and spousal support, money is directed towards paying child support. 

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2. How long do I have to pay spousal support? ​

In some cases, spousal support may only be paid for a limited amount of time, whereas in other cases, spousal support may continue unless there is a change in circumstances and the court makes a different order or the new agreement is updated to reflect the changes regarding spousal support.  

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3. When can I stop paying spousal support?  ​

If you are paying spousal support that is set out by a written agreement or in a court order, you must continue to pay unless: 

a) The court order is changed by the court; 

b) You and your former spouse agree to change the agreement; or

c) The conditions for stopping payment, as set out in the court order or agreement have been met. 

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