When a marriage ends, the spouse with the higher income may need to pay spousal support. This payment helps to address financial disparities for the spouse with lower income. Spousal support obligations also exist when a common-law relationship ends.
Spousal support is not automatic. The person seeking support must demonstrate entitlement based on factors like: Compensation for economic disadvantages caused by the relationship, such as one spouse sacrificing career opportunities to raise children or support the other’s career. Addressing financial need or dependency, especially if one spouse cannot support themselves post-separation due to the lifestyle established during the relationship. Pre-existing agreements (e.g., marriage contracts) may also dictate support obligations.
When determining Spousal Support Courts assess several factors including: a) Length of the relationship; b) Roles and contributions during the relationship (e.g., homemaker vs. breadwinner); c) Income disparity between spouses; d) Age and health of both parties; e) The financial needs and ability to pay of each spouse.
The Spousal Support Advisory Guidelines (SSAG), though not legally binding, are widely used by Ontario courts to determine the amount and duration of Spousal Support. These guidelines consider income, length of relationship, and whether there are children. For short marriages, support might be time-limited. For long marriages (e.g., over 20 years), it could be indefinite, especially if one spouse cannot become self-sufficient. Support can be paid as a lump sum or periodically (e.g., monthly).
Spousal support can be agreed upon through negotiation or a separation agreement. It can also be ordered by a court if the parties cannot agree. If disputed, a court application is filed, and a judge decides based on evidence like financial statements, affidavits, and testimony.
How much spousal support is payable and for how long depends also on a number of other factors. This can be best explained by your family lawyer after discussing your specific circumstances . Mysupportcalculator.ca is a website which may help you get more details about spousal support payable in your particular situation.