What You Need to Know About Spousal Support
Learn about the legal meaning of spousal support
Table of Contents
Spousal Support
Spousal support — also known as alimony — is financial assistance paid by one spouse to the other after separation or divorce. It is meant to address economic disparities arising from the breakdown of a relationship.
Who Is Entitled to Spousal Support ?
Not every separated spouse is automatically entitled to spousal support. The courts will consider factors such as:
- The length of the relationship
- The roles each spouse played during the relationship
- Each spouse’s income and financial needs
- Any economic disadvantage suffered as a result of the relationship or its breakdown
- Whether there are children involved
Types of Spousal Support :
- Compensatory: To compensate a spouse who sacrificed career opportunities or contributed to the other’s earning capacity
- Non-compensatory: To assist a financially dependent spouse in meeting basic needs
- Contractual: Based on terms agreed upon in a marriage contract or separation agreement
How is Spousal Support Calculated?
Although there are Spousal Support Advisory Guidelines (SSAGs), these guidelines are not law. However, judges often base their decisions about spousal support on the guidelines. They provide a range for support amounts and durations, based on income levels and relationship length. Final awards depend on many factors and are often negotiated or decided by the court.
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How Marlaw Can Help ?
Spousal support can be a sensitive and complex issue. Whether you are the spouse seeking support or the one being asked to pay, I provide skilled representation to help you understand your rights, negotiate a fair outcome, and ensure that any agreement is legally enforceable and tailored to your situation.
Frequently Asked Questions
We understand that the process can be confusing and you may have many questions.
Below are some common FAQs that can help guide you.
Spousal support may be awarded to a spouse who is financially disadvantaged by the end of the relationship. This can apply to married spouses and to common-law partners who lived together for at least 3 years (or had a child together and lived together in a relationship of some permanence).
No. Spousal support is not automatic. The person seeking support must prove entitlement, which may be based on need, loss of career opportunities, contributions made during the relationship, or an agreement between the parties.
The Spousal Support Advisory Guidelines (SSAGs) provide a range of suggested amounts and durations, based on income, the length of the relationship, and whether there are children. However, courts have discretion, and the guidelines are not binding.
Support may be temporary or indefinite, depending on factors like the length of the relationship, age and earning capacity of the recipient, and whether the couple has children. A common rule of thumb is 0.5 to 1 year of support for each year of marriage.
Yes. Spousal support can be varied or terminated if there’s a material change in circumstances — such as retirement, remarriage, job loss, or significant changes in income or needs.
Spousal support orders and agreements filed with the court are enforceable through the Family Responsibility Office (FRO). They can take enforcement measures similar to those for unpaid child support.
Yes, for support recipients, spousal support is considered taxable income, and the payor can usually deduct it from their taxable income — provided it is paid under a court order or written agreement. This does not apply to child support.
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