SPOUSAL SUPPORT

The law views spousal relationships as economic partnerships and when the partnership breaks down the person with more money may have to support the other. During a relationship, one person often spends more time looking after the home and the children. That person’s ability to pursue education or career is diminished and he or she suffers an economic disadvantage causally connected to the marriage. Spousal support is intended to rectify the economic disadvantages resulting from the marriage and its breakdown, or provide support to a spouse who is in need.

Both married and unmarried (i.e. common-law) spouses may be obligated to pay spousal support.

Spousal support obligations for individuals who were not married are triggered where they have lived together as a couple:

Lived together in a romantic relationship for at least three years; or
Lived together in a “relationship of some permanence,” and had a child together.

If an individual is entitled to spousal support, the amount of the spousal support payment is determined by the Spousal Support Advisory Guidelines, which provides a range of potential support payments by taking into account the parties’ income, the parties ages, the length of the relationship, the number of children, and the nature of their income, among other things. There is a certain situation where the court does not apply the Spousal Support Advisory Guidelines, although this needs to be considered on a case-by-case basis.

The advisory Spousal Support Guidelines are intended to assist in determining the amount and duration of spousal support and take the following factors into account: