Spousal Support and Alimony Explained

SPOUSAL SUPPORT

Spousal support or alimony is monetary support paid from one spouse to another, either during or after divorce proceedings. In general, the spousal support payments are made by one spouse to another to maintain the standard of living that the receiving spouse had become accustomed to during the marriage.

Unlike child support payments, the spousal support payments are not an automatic right of a spouse.

Note: That common law spouse is only entitled to spousal support when:

1. The parties were in a relationship for more than 3 years;
2. If the relationhip was less than thress years but it was a relationship of some permancence, such as the parties have a child or childrens from the relationship; or
3. If the parties have signed an Adult Interdependent Relationship Agreement (AIR);

The spousal support entitlement and the spousal support amount is based on the following factors:

1. The standard of living of the receiving spouse during the marriage or relationship;
2. The duration of the marriage or relationship;
3. The age, as well as the physical and emotional condition of the parties;
4. The financial resources of the parties: The earning capacities, educational levels, vocational skills, employability of the parties, and the time necessary to acquire education or training;
5. Each party’s contribution to the marriage or relationship including financial support and services;
6. Each party’s responsibilities with respect to the minor children;
7. All sources of income available to either party; and
8. Any orders, agreements or arrangements already made about spousal support,

Spousal support payments can be:

1. Temporary spousal support – awarded to a party during the divorce proceeding
2. Lump sum payment – one lump sum award provided to a spouse upon divorce
3. Periodic spousal support – spousal payments made at certain periods of time, which end after a specified period of time. For instance, while the spouse obtains training or education
4. Permanent sposual support– support payments without any termination date (usually only terminates upon the death of a party or remarriage of the recipient spouse)

Contact our family lawyers to ensure that you are receiving fair and adequate spousal support.

Spousal Support

Please reach us at info@lawsnbeyond.com if you cannot find an answer to your question.

What if my spouse cheated during marriage then will I receive more spousal support?

Canada has no-fault divorce law. This means the reasons the marriage ended does not affect a spouse’s legal obligation to support the other spouse following a divorce.

How do I calculate my spousal support payments?

Spousal support payments are a complex area of law and you must contact an experienced family lawyer.

How can I get divorced?

Please see our blog: How to get divorced in Calgary?

Spousal Support per section 15.2 (6) of the Divorce Act

(a) recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;

(b) apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;

(d) in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.

We will support you to get your fair share upon breakdown of your relationship.

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