SPOUSAL SUPPORT

Family Law

Divorce and separation are some of the most stressful situations a family can experience. With complete information and support, you can get your situation under control.

This website provides general information. Family law is complex. You are encouraged to contact a lawyer for help with family law issues.

Spousal Support

Spousal Support is money paid by one spouse to the other after they separate or divorce. It is sometimes called alimony or maintenance. Many factors may affect whether a married or common-law spouse is entitled to spousal support and how much support they should receive. De facto partners may also seek spousal maintenance.

The federal Divorce Act sets out the spousal support rules for married couples who divorce. Since the Divorce Act is a federal law, the rules apply across Canada.

Provincial or territorial laws set out the rules for unmarried couples who were in a common-law relationship and for married couples who separate but who are not divorcing.

Spousal Misconduct

Canada has no-fault divorce law. This means the reasons the marriage ended do not affect a spouse’s legal obligation to support the other spouse following a divorce.

Factors Judges Consider

Judges must consider a number of factors when deciding if a spouse should get support after a divorce. These factors include:

  1. the financial means and needs of both spouses;
  2. the length of the marriage;
  3. the roles of each spouse during their marriage;
  4. the effect of those roles and the breakdown of the marriage on both spouses’ current financial positions;
  5. the care of the children;
  6. the goal of encouraging a spouse who receives support to be self-sufficient in a reasonable period of time; and
  7. any orders, agreements or arrangements already made about spousal support.

Judges must also consider whether spousal support would meet the following purposes:

  1. to compensate the spouse with the lower income for sacrificing some power to earn income during the marriage;
  2. to compensate the spouse with the lower income for ongoing care of children; or
  3. to help a spouse who is in financial need if the other spouse has the ability to pay.

At the same time, the judge must consider that a spouse who receives support has an obligation to become self-supporting, where reasonable.

    we have to get – SPOUSAL CALCULATOR –  put in here.USE ONE FROM DivorceMate Software Inc.’s Tools One enginehannif to check — this one below is from

    https://www.justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.asp

    Enter the following information:


                             
                                                                                                                           

     

    Table Look-up Disclaimer

    The Child Support Table Look-up has general information only. It is not a legal document. Provincial or territorial guidelines may apply in some cases.

    Note: Several companies sell software for calculating child support. Be aware that the Department of Justice was not involved in the development of that software.

    .

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