Family Law

Spousal Support

Family Law

Spousal Support Lawyer

It is not uncommon for one spouse to take on the full-time role of the homemaker while the other spouse focuses on earning enough to pay for the family expenses. However, following the breakdown of the marriage or common law relationship, the spouse who was financially dependent on the other during the relationship is left in a financial predicament—suddenly forced to fend for themselves. Canadian law, therefore, steps in to protect the vulnerable spouses in Canada in such situations.

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Are cohabitating couples entitled to spousal support?

Canadian law entitles a dependent spouse to their right to spousal support, which would allow the spouse to continue to receive a certain amount of payment from the former spouse either as a temporary or permanent measure. This spousal support is not limited to married couples. It is also applicable in the following instances:

Cohabiting couples who have been living together for at least three years are considered common-law spouses and are also eligible for spousal support.
So are individuals in a relationship of a somewhat permanent nature, such as being parents to biological or adopted children.

What constitutes spousal support?

Spousal support, also known as alimony or maintenance in different jurisdictions, refers to the financial support provided by one former spouse to the other in the event of a divorce or separation, either on a monthly basis or as a one-time lump sum amount. The amount is usually arrived at through negotiations and then turned into a legally binding separation agreement. In the absence of an agreement, a party can commence a claim for support in court to enable the court to make a judgment on appropriate spousal support amount and duration, usually based on the Spousal Support Advisory Guidelines (SSAG) and provincial laws.

What are Spousal Support Advisory Guidelines (SSAG)?

It is worth mentioning here that SSAG, as the name suggests, is merely advisory in nature, and the court can choose the spousal support amount on a case-by-case basis, depending on the circumstances, needs of the recipient and ability of the payor. SSAG provides a reasonable and consistent basis, including formulae for calculating the amount and duration, for arriving at appropriate spousal support across different jurisdictions and provinces.

What is the eligibility for spousal support?

As per Canadian law, the spouses do not become automatically eligible for spousal support. The spouse asking for spousal support must meet at least one of the following grounds for entitlement:

Compensatory entitlement:

You must prove that your responsibilities and obligations to the family resulted in the sacrifice of your career in some manner or that you faced some form of economic disadvantage due to the relationship or its breakdown.

Contractual entitlement:

There is already a marriage contract in place, making you eligible for the specified amount in spousal support.

Non-Compensatory/Need-Based Entitlement:

The divorce has left you in a poor financial situation where you have a real need for support to maintain a reasonable standard of living, even if you suffered no career setbacks as a result of the relationship or its breakdown. This can sometimes even apply where there is a large difference in each spouse’s respective income, and thus there is a need for some support to allow for gradual adjustment to the recipient’s new lower standard of living post-separation.

On top of the above-mentioned criteria, the court will look at things specific to the case, such as the age and health situation of the spouse, the childcare arrangements and expenses and the ability of the payor spouse to pay support.

How can a divorce lawyer help you?

In a divorce, financial matters such as spousal support are often strongly contested in court, and you will need the guidance and assistance of an experienced divorce lawyer to ensure that any temporary or final orders are in your favour. A divorce lawyer can help you with the following:

Checking the eligibility criteria

As mentioned above, one does not become automatically eligible for spousal support in the event of a divorce or separation. A divorce lawyer can help you figure out your eligibility for spousal support.

Calculation of the spousal support amount

A divorce lawyer can also help you figure out what the spousal support amount will be based on the SSAG calculation or based on past cases in similar situations.

Drafting the divorce settlement agreement

Your lawyer will negotiate with your spouse and their divorce lawyer to come up with a spousal support amount that is fair, reasonable, and agreeable to both parties. This will form part of any divorce settlement agreement signed by the spouses.

Legal representation

In a contested divorce, the final decision on spousal support is decided in court. Your lawyer will represent you in court and ensure that the spousal support amount is fair and does not harm your financial interests.

Modification of spousal support order

The financial circumstances of the former spouses change as time goes on. It might become necessary to approach the court again to modify the existing spousal support order to reflect these changes. Your lawyer can help you with advancing court proceedings to change your last spousal support order.

Enforcement of spousal support order

If your former spouse defaults in making the spousal support payment even after repeated reminders, then it might be necessary to take legal action to ensure the enforcement of the spousal support order. Your lawyer will pursue this through the appropriate legal channels, such as filing an enforcement request with the Family Responsibility Office (FRO).

Frequently Asked Questions

How long does spousal support typically last?

There is no such thing as a typical duration of spousal support. The court will decide on the duration of the spousal support based on SSAG and the specific circumstances of the case. The court will consider various factors like the age and health of the spouse and the duration of the marriage while making the decision. The requirement for spousal support could be temporary until the former spouse becomes self-sufficient, or this could be indefinite or permanent in the case of a long-term marriage or cases of disability.

Can the spousal support order be changed or modified?

Yes. If there are sufficient grounds for requesting a change in the spousal support order, you may approach the court. Family Law Lawyers can help you in this regard.

What are my options when my former spouse refuses to pay spousal support?

Through your lawyer, you can seek various legal remedies, such as obtaining a court order for spousal support, turning a spousal support agreement into a court order, or seeking enforcement of the Agreement-based spousal support or support order through the Family Responsibility Organization (FRO).

FRO reaches out to the support payor to figure out the next course of action. If your former spouse is going through a financial crisis, a reasonable payment plan may be worked out for them. However, if they are willfully refusing to make the payment on time, FRO has the authority to access their bank account, garnish tax refunds, or contact their employer to garnish from their pay. They can also initiate legal action against the defaulter if necessary, in extreme cases, seeking suspension of the default support payor’s driver license and/or passport and even seeking imprisonment.

Is a common-law partner eligible for spousal support?

Yes. One is defined as a Common-law partner for purposes of spousal support if they have been cohabiting for more than three years or if the parties are parents to biological or adopted children, even if they have never or only briefly cohabited.

We can Help

If you are dealing with legal proceedings to ensure fair spousal support in a divorce or separation, our experienced divorce lawyers can provide you with tailored guidance. Get in touch with our legal team today for a consultation.