Spousal support is the money paid by one spouse to the other after they separate or divorce. In the United States, spousal support is referred to as “alimony”.
The purpose of spousal support is to:
- help a spouse become financially self-sufficient
- prevent a spouse from experiencing serious financial difficulty due to the breakdown of the relationship
- share the costs of caring for children
- compensate one spouse for being financially disadvantaged during the relationship, for example, if one person stopped working to take care of children
When married couples separate, either party may make a claim for spousal support under the Divorce Act, however, in most cases spousal support is usually requested by the lower income earner.
Spousal support is not restricted to married couples. Common law couples can also make a claim for spousal support under the Family Law Act as long as you and your former spouse lived together for a period of three years, or you were in a relationship of “some permanence” for any length of time and had a child together with your partner.
Unlike child support, grounds for spousal support is not automatic. Ontario family courts use a two-step process before they will make an order for spousal support. First, the party must demonstrate entitlement to support. It is only after a spouse is found to be entitled to support do courts move on to the next sept which is determining the appropriate amount and duration of the spousal support.
The calculation of spousal support is quite complex, and many factors need to be considered to determine an amount that is fair and appropriate in each case. As a starting point, Ontario family courts will usually refer to the Spousal Support Advisory Guidelines (SSAGs) to help them decide how much spousal support should be paid and for how long. The SSAG provides a range of support and then it must be determined whether support should be at the lower, mid, or higher end of the range, or perhaps outside of the range or not at all.
It is important to remember that the SSAG are just guidelines and ultimately a family court judge has the discretion to make an order on spousal support that they deem appropriate in each case.
Spousal support can be paid in one lump sum, but it is often ordered to be paid monthly on an ongoing basis. There are often tax implications of paying and receiving spousal support.