Is there entitlement to spousal support? If so, for how much and how long?

Spousal support is intended to be support paid by one spouse to another to assist the lower income spouse in becoming self-sufficient after the breakdown of a marriage or relationship. The idea behind spousal support is to reduce the financial disadvantage that the spouse experienced as a result of the marriage or relationship or its breakdown. A situation that might justify a claim for spousal support would be where one partner stays home to raise the children to the detriment of their career while the other works outside of the home in order to support the family financially.

Spousal support is not automatic. You must first establish that the recipient is entitled to spousal support. If it is established that spousal support is warranted, then the questions that must be answered are “how much support should be paid?” and “for how long should support be paid?”. These questions are answered using something called the Spousal Support Advisory Guidelines. However it is important to note that these Guidelines are not law and not the final word on the subject. The Guidelines create a range of results and can be varied based on the particular facts of your situation.

It’s not as simple as just a basic calculation: spousal support is an art, not a science. The spousal support arrangement your cousin or your best friend has may be very different to yours, even though it may seem like your situations are the same. You are unique, and you deserve advice that reflects your unique situation.

Whether or not you are prepared to hire a lawyer to work on every aspect of your separation or divorce, we strongly recommend that you seek independent legal advice before entering into any kind of agreement with respect to spousal support. Contact us online or call us today at 587-943-1394 to book a consultation.