Spousal Support

Spousal Support (or alimony) is financial assistance given by one spouse to the other following a separation or divorce between the parties. This is a crucial aspect of couples going through a separation or divorce. The Family Law Act (FLA) and Divorce Act (DA) govern and provide the Court with authority to order spousal support to the other spouse. Spouses who were married may apply for spousal support through the DA, and those who are either married or common law may apply for spousal support through the FLA.

The details of determining the amount of spousal support given to the other spouse varies on the circumstances of the relationship. The factors that contribute to the determination of spousal support amounts include:

• Length of the relationship
• Role of the spouses in the relationship – family dynamics, needs of the spouses
• Income disparity and income history of the spouses
• Child custody arrangements and support
• Health and age
• The standard of living of the spouses during the relationship

Spousal support is calculated using the Spousal Support Advisory Guidelines (SSAG). It is most common for spousal support to be calculated using the SSAG, however, there is room for discretion and modification depending on each case. Spousal support can be negotiated, enforced, terminated, and modifications to previous spousal support Orders can be made.