Skip to main content

Spousal Support Details

Understand spousal support entitlement, determination, the Spousal Support Advisory Guidelines (SSAG), methods of payment, and limitations.

Updated over 2 months ago

Spousal Support 101


Understanding Spousal Support

What is Spousal Support?

Spousal Support is money paid by one spouse to the other spouse to provide financial support after the parties separate. The law views spousal relationships as a financial partnership, and when this partnership breaks down, the spouse with higher income may be required to support the other in an amount relative to their respective incomes.

Purpose and objectives of Spousal Support

Financial recognition and adjustment

Spousal Support is intended to recognize any financial advantages or disadvantages that the spouses have as a result of the relationship or as a result of the separation. It's intended to relieve financial hardship and it's intended to help the recipient spouse become self-sufficient.

Factors that determine Spousal Support

Key considerations

Whether Spousal Support is payable depends on various conditions, means, needs, and circumstances of each spouse. Several important factors come into play when making this determination:

  • Length of cohabitation: The duration the spouses lived together

  • Roles during the relationship: The responsibilities each spouse assumed while together

  • Income levels: Earnings of both parties

  • Earning capacity: Each spouse's ability to generate income

These represent just some of the many considerations that factor into determining whether spousal support is appropriate in a given situation.

What does not affect Spousal Support

It's important to understand that misconduct by either party does not influence spousal support decisions. Infidelities or family violence do not come into play when determining entitlement or obligations to pay spousal support. The focus remains on financial need and capacity rather than behaviour during the relationship.

Determining entitlement

The first step in any spousal support analysis is determining entitlement to Spousal Support. It's crucial to discuss entitlement thoroughly before running any financial calculations, as entitlement forms the foundation for all subsequent determinations.

Important considerations about gender and marital status:

Gender-neutral application

Entitlement to Spousal Support is not dependent on gender. This is a critical point, as gender biases around Spousal Support are common and can influence perceptions of fairness.

Addressing gender bias

Since we all carry some gender biases regarding spousal support, it's important to be aware of these predispositions. If a spousal support situation feels unfair, try the mental exercise of reversing the gender roles to see how that changes your perspective.

When seeking independent legal advice, ask your lawyer for their thoughts on the situation and what they would think if the gender roles were reversed. This approach helps ensure fair and unbiased consideration.

Marital status requirements

You don't need to be legally married for Spousal Support to be payable. As long as you meet the legal definition of spouses – essentially having lived in a common-law relationship – spousal support could be payable if entitlement is established.

Conclusion

Understanding Spousal Support requires recognizing it as a tool for addressing financial imbalances that result from the breakdown of what the law considers a financial partnership. The system aims to provide fair support while encouraging eventual self-sufficiency, all while maintaining gender neutrality and focusing on financial circumstances rather than personal conduct.

For further general information on Spousal Support see the Government of Canada Spousal Support Fact Sheet.


Continue Reading


Important Disclaimer

Content and videos in The Divii Knowledge Centre provide general information about separation and divorce and is not and should not be considered legal advice. For guidance specific to your situation, it's important to consult with a qualified family lawyer in your area. It's always highly recommended to seek independent legal advice during your separation.


Did this answer your question?