What is Spousal Support?

Spousal support refers to the financial assistance that one spouse is required to pay the other post separation. The purposes of spousal support include ensuring the lifestyles of spouses are maintained and addressing any financial hardship suffered by the recipient spouse during the relationship.

How is the Spousal Support amount determined?

Spousal support is determined in accordance with the Spousal Support Advisory Guidelines. It is based on many factors including the length of cohabitation, the age of the recipient spouse at the time of separation, whether or not there are children of the relationship, the functions performed by each spouse during the relationship (including any child care), the need of the recipient spouse and the ability of the payor spouse to pay. Based on these factors, the Spousal Support Advisory Guidelines suggest a range of support, both in terms of quantum and duration. The parties must negotiate an agreement either through counsel or through an alternative dispute resolution mechanism. The settlement terms would then be documented in a separation agreement. If the parties are unable to reach an agreement, the court will make a determination and this will be documented in a court order.

Spousal support can be paid on a monthly basis or in some cases by lump sum, depending on the particular circumstances of the case. A lump sum is ideal for those who wish to have a clean break from one another, and/or in the case of short term relationships. A spouse who pays support on a monthly basis pursuant to a court order or agreement will be able to claim it as a deduction on his/her tax return. The party receiving the support must claim the support as income and pay the applicable taxes.