Family Lawyers Discuss Spousal Support – Amount and Duration

Definition of Spousal Support

As family lawyers in Nova Scotia, we often get asked about spousal support. Spousal support, or spousal maintenance, is a monthly payment that one spouse pays to another when their relationship ends. You may be familiar with this concept through the American term “alimony”. Spousal support is the Canadian term used. 

Entitlement to Spousal Support

You can refer to our previous blog post for a more depth explanation of entitlement, but there are three basic reasons why a court may award spousal support. The first is compensatory support, where spousal support is awarded to compensate a spouse for some sacrifice or burden they have taken on for the sake of the family. Often this is when one parent was a stay-at-home parent or made a major career sacrifice for the family. 

The second reason is non-compensatory spousal support, which is a needs-based award. It is awarded not to compensate a party for the roles adopted during the relationship. It can also be awarded to ensure a party does not suffer an immediate and major decrease in their standard of living upon separation. The court may award non-compensatory spousal support to give the spouse some time to become financially independent. 

The third reason is the court can also find that an entitlement to spousal support based on a prior contract or agreement between the parties.

Amount or Quantum of Spousal Support That Is Awarded

The amount that a court will award for spousal support is up to the discretion of the court, and typically less predictable than child support. With spousal support, the court can reference the Spousal Support Advisory Guidelines, which are a tool to determine the relevant ranges for spousal support. However, the court is not required to follow these guidelines.

In determining both quantum and duration, the court will consider the factors listed in s. 15.2 (4) of the Divorce Act. These include:

• length of the relationship;

• Functions performed by each party;

• Any order or agreement relating to the support of either spouse.

The Parenting and Support Act also offers guidance on this issue at s. 4.

Duration of Spousal Support

Usually, the longer the relationship between the spouses, the longer the duration for spousal support. In cases of longer relationships, the court can award spousal support for an indefinite time and reassess the situation after a period. For medium to short length relationships, a common rule of thumb is that the duration of support is usually awarded for a period between half the length of the relationship to the full length of the marriage. For example, an award for spousal support for a 12-year relationship may be for anywhere from 6 years to 12 years, depending on the surrounding factors. If the relationship was short, and there was no economic disadvantage to either spouse, the court may determine that no spousal support should be paid.

Spousal support is extremely fact specific and requires clear advocacy of your position. Our experienced family lawyers at Lenehan Musgrave are more than happy to help determine if there is an entitlement to spousal support, and if so, what amount and time period are fair. We encourage anyone who may have issues with spousal support to contact our office or submit the form below to arrange for an initial consultation to explore the options that may be available to you.

Family Lawyers Explain Spousal Support Entitlement

When two people enter a relationship, whether married or common law, they often find their lives financially intertwined. As family lawyers, we know that this can take many different forms. Both may choose to continue working, creating a dual income household. Other times, one person’s career will take a “back seat” to the other’s, allowing one to succeed and grow in their chosen field. In some circumstances, one person may remain at home to care for the children or household, foregoing a career and/or employment entirely.

Family law and financial consequences

The manner in which couples choose to structure their relationship, household, and careers can be problematic upon separation and may have serious financial consequences for one, or both, of the parties. In these circumstances, spousal support may be appropriate. Spousal support claims are one of many family law services that we help our clients with.

Spousal support is a payment made by one party to the other following separation. It is also sometimes referred to as “alimony”. Married couples are able to apply for spousal support under the Divorce Act, and common law couples are able to apply for spousal support under the Parenting and Support Act. Spousal support differs from child support, as its purpose is not for the benefit of the child. Rather, spousal support is awarded for the benefit of the spouse and can be awarded in circumstances where there are no children of the marriage.

Spousal support entitlement

When looking at a spousal support claim, a party must establish entitlement to spousal support. There are three primary categories under which a person can claim spousal support. Compensatory claims are aimed at exactly that – compensation for the roles adopted during the relationship which have resulted in an economic disadvantage to one party. Non-compensatory claims are claims involving financial “need.” And the final basis on which a person can claim an entitlement to spousal support is a “contractual basis”, involving an agreement or contract between parties.

Spousal support can be a complex issue to navigate and is often very fact specific. If you have questions about whether you are entitled to spousal support, or if you may be held responsible to pay spousal support, please contact one of our family law lawyers to schedule a consultation.