TL;DR

Spousal support is paid by one financially sound partner to the other after a divorce or separation. The arrangement by itself is not automatic, and several factors are considered before an amount is agreed. If circumstances change, the agreement could always be adjusted later. 

Definition of spousal support by the Government of Canada: 

“Spousal support” is the money that one spouse may have to pay to the other spouse for their financial support following a separation or divorce. It is sometimes called “alimony” or “maintenance.” Spousal support is usually paid on a monthly basis, but it can be paid as a lump sum.

What is spousal support in Canada?

Spousal support, also referred to as alimony, is paid by one spouse after separation or divorce. The obligation is legal in Canada and is designed to provide financial assistance after the couple has separated or divorced. Generally, the objective is to make up for any differences in finances due to one spouse having a higher income than the other. Spousal support in Canada is not automatic and depends on various factors, such as one spouse’s need and the other spouse’s ability to pay.
Child support is automatic and is the right of a child.
The starting point for spousal support is the analysis of a spouse’s entitlement to support. Spousal support laws in Canada ensure that both spouses maintain an adequate standard of living similar to their standing during the relationship. Thus, the law is meant to provide fair entitlements to both individuals while preventing undue hardship and facilitating a peaceful transition to life post-divorce or separation.

Types of Spousal Support 

According to the Family Law Act, common law couples who have cohabited for at least three years, are in a relationship that gives a semblance of permanence, and are parents of a child are entitled to spousal support.
Canada recognizes three kinds of spousal support:

• Contractual: Not referred to frequently, but a contractual obligation is imposed, either express or implied, for spousal support
• Compensatory: Depends on the economic loss or disadvantage arising from the roles in the relationship, or on compensating the recipient for an economic benefit they were not initially remunerated for by the payor.
• Non-compensatory: The goal here is to help someone transition from the standard of living they had during the relationship to a new way of life post-divorce or separation. This depends on the recipient’s needs.

For compensatory spousal support, there are certain markers of a likely claim. For instance, if a spouse has been a full-time stay-at-home parent caring for children post-separation, had relocated for the payor’s career, supported the payor’s education, and worked in a family business. 

“It is now well-settled law that spouses must compensate each other for foregone careers and missed opportunities during the marriage upon the breakdown of their union.” – Justice McLachlin (Bracklow v. Bracklow, [1999] 1 SCR 420, at para 1.)

Alibhai Law Helps With Spousal Support

Spousal support is a complicated issue that comes into play during divorce or separation proceedings. Since 2007, we have been providing legal services to our esteemed clients seeking representation in family law. At our firm, we understand that disputes may become highly sensitive, especially when it comes to spousal support. Therefore, we ensure that each case is handled meticulously to provide the clients with the highest level of service.
Our clients are kept informed about every stage of the process. Whether it involves creating, enforcing, or modifying an agreement, we approach each case with the utmost care and precision. 

CONTACT OUR FAMILY LAWYER AT ALBHAI LAW

Who can ask for spousal support?

Under the Divorce Act, when a married couple separates or divorces, either spouse may seek spousal support. Most of the time, the spouse with the lower income requests support. The judge, however, considers several factors before determining if the financial obligation applies. Here are some things that are taken into account:

• The needs and current situation of both partners
• Roles of each partner during the marriage and their effect vis-à-vis the breakdown of the marriage and their financial positions
• Length of time the spouses were married or lived together

How Spousal Support is Calculated in Canada 

Typically, spousal support is calculated with the SSAG framework, which is otherwise not legally binding. The process ensures absolute fairness and consistency while also allowing adjustments based on individual circumstances. To calculate spousal support, one has to keep in mind a number of essential factors:

Differences in income 

One of the biggest drivers of spousal support is the difference in income between spouses. One partner could earn more than the other, or one spouse could have limited earning capacity due to the life choices they made during the marriage. To avoid excessive tribulations and to bridge the financial gap, the SSAG could consider the gross incomes of both partners to determine a range for payments. 

Contributions of the partner

Each spouse would have shared a particular role and contributed to the relationship, in whole or in part. This includes both financial and non-financial contributions. One spouse could have stayed home entirely to care for the children or to support the other spouse’s career development. This could entitle a compensatory spousal support, which acknowledges the sacrifice made by one spouse. The situation ideally led to missed earning opportunities and career setbacks, due to the contribution to the household.

Duration of marriage

An important factor in determining spousal support is the length of the relationship. The longer the marriage, the greater the likelihood of support. Long-term marriages may even lead to indefinite spousal support, especially when a spouse depends on the other. If the marriage is short-term, spousal support is typically for a shorter period, to address the transitional needs of the spouse.

Ability to pay

Spousal support is a balanced process. It meets the financial needs of the spouse seeking support and considers the other spouse’s ability to pay. The calculations are well-adjusted so that the paying spouse has enough income even after meeting the recipient’s living expenses. This way, the agreement does not cause undue financial burden on either individual. 

Various accords

Depending on the court order or your agreement, spousal arrangements can vary. Here are some types:

• Permanent support: Payments are ongoing, and this is typically used in long-term marriages
• Temporary support: Finance is typically provided for a short term and until the dependent spouse becomes self-sufficient
• Lump-sum payments: One-time Upfront bulk payment
• Periodic payments: These are generally monthly payments, regularly provided over a period of time

Alterations to Spousal Support 

Spousal support provisions need not be fixed. These can be altered, particularly if there has been a financial change in circumstances such as:

• Job loss or change of income for the payor
• Changes in expenses or elevated financial needs
• Remarriage of the spouse requesting support

Spousal support orders in Ontario

The Family Responsibility Office (FRO) enforces spousal support orders in Ontario and ensures payments are made as ordered. In case of any failure to comply with the support order, the FRO has several enforcement actions defined, such as:

• Seizing of assets: Property, bank accounts, and other assets are seized to cover support that hasn’t been paid
• Driver’s license suspension: If the payor falls behind on payments, their driver’s license can be suspended
• Wage garnishment: Deductions of support payments are made directly from the payor’s salary

Using legal authority to enforce compliance, Ontario’s FRO ensures that all spousal support obligations are met where required. 

Legal Representation in spousal support cases by Alibhai Law

Spousal support matters are serious and sensitive and require legal representation. Our team at Alibhai Law ensures that your rights are protected and support agreements are balanced and fair. We also negotiate out-of-court settlements and advocate your interests in court so that you receive the kind of support you are seeking.

The services we provide include support order creation to ensure a fair agreement. Additionally, we modify orders if the client needs to adapt them due to life-changing events. We guarantee the enforcement of spousal support payments using legal means. Additionally, we provide the client with possible solutions through mediation and negotiations, avoiding trials and resolving matters amicably.

CONTACT OUR FAMILY LAWYER AT ALIBHAI LAW

FAQs