What Is Spousal Support?

Spousal supports are payments from one spouse to another after a separation or divorce in order to financially support the dependant spouse. This consists either of monthly payments intended to help the recipient spouse maintain a decent standard of living after the parties dissolve their marriage or receipt of lump sum spousal support which circumvents the burden of paying ongoing periodic monthly spousal support.

Spousal Support Calculation

Spousal support is calculated on a mathematical formula known as the “Spousal Support Advisory Guideline” (or the “SSAG”). Although the SSAG is not law, Canadian courts have determined calculations using the SSAG are quite convincing and thus are regularly used to determine the amount and duration of spousal support. The SSAG does not deal with entitlement to spousal support (that depends on tests as set out in respective provincial Divorce and Family Law Acts). Once entitlement is ordered by a Canadian Family court, the SSAG is then used to determine the amount and duration of spousal support.  

The formula considers the following factors:

• Party ages
• Party incomes
• Relationship duration
• The number of children in the relationship and their ages etc

Two formulas are used in the SSAG. One is called “With Child Support,” and the other procedure is called “Without Child Support”, with the amount of spousal support altering if the payor has a child support obligation. Spousal support is based on the difference between the two parties’ gross income for each year of marriage, with the duration of support based on the marriage’s length.

The “With Child Support” model of spousal support places more emphasis on the children’s rights to have financial security before considering the spouse. For divorced or separated couples with limited financial resources and who have children, alimony payments can be reduced first to meet the children’s needs.

The formula used to calculate spousal support with this model relies heavily on the Individual Net Disposable Income (INDI) for each party. Factors that influence duration in the “With Child Support” model include the recipient age, the duration the youngest child would take to finish high school, and marriage length.

Requirements for Alimony Payments

There are three types of spousal support:

• Contractual Spousal Support: A settlement between spouses that is usually drafted within separation agreements.
• Compensatory Spousal Support: Support that assists both parties and may be proposed if an economic handicap is created due to the marriage.
• Non-Compensatory Spousal Support: spousal support made for the financial aid of the recipient spouse. 

When deciding if a spouse is eligible to receive spousal support from the other, the criteria a judge considers includes:

• Marriage duration
• Each spouses’ financial income and resources accumulated during the marriage
• Spousal roles during the years they were married
• If there are any children with whom parent they will reside
• If the supported spouse will be self-sufficient within a realistic period.

Hiring a Spousal Support Lawyer

Due to the complexity of the formula, computer software is required to calculate the SSAG. As a result, it is best to consult with an experienced spousal support lawyer who can make the necessary tabulations fairly, accurately, and in your best interest. Speak to Juzkiw Law about your spousal support concern today. If you have more questions about family law visit our frequently asked questions or call us today.

1. The first step is to decide if you want a Divorce and separation from your spouse.
2. Gather a divorce application and the required forms as each province and territory has its requirements. You can gather legitimate forms by asking a lawyer.
3. Find on what grounds you want to file a divorce like no-fault or for a fault divorce.
   • Fault Divorce – It is filed under the grounds of cruelty or adultery, which means that a spouse is trying to provide others’ fault solely in their marriage breakdown. Firstly, you need to gather the required documents as the courts will be requiring proof of exactly what happened, which confirms the claim. A legal representation is suggested to cover all the aspects of this claim. On the other hand, “Fault Divorce” are costly and consumes more time. Secondly, it is crucial to prove that under what grounds you file a divorce and under what reasons your marriage has broken down. This seems complex; we recommend you have a consultation with a family law lawyer describing your situation, so you get the best and accurate help
   • No-Fault Divorce – You do not need to wait to be separated for one year to apply for a divorce in Canada, as you can start an application process as soon as you and your spouse are separated. It is an inexpensive and easy way to obtain a divorce. Courts can only grant you divorce when your one-year separation is completed. Separating for one year means you and your spouse must be living separate lives. Living in a different house can be an easy way to do it. However, if living in a separate house is not possible due to financial reasons or childcare, you can also continue living in the same house but not as a couple. For more information and assistance, please contact our family law lawyer for advice.
4. Find if your divorce is uncontested or contested to specify the type of divorce on your divorce application.
   • Uncontested Divorce: If both partners agree to the terms and reasons for the divorce. This type of divorce only requires one application.
   • Contested Divorce: If both partners don’t agree on the terms and reasons for the divorce. In this case, a separate divorce application needs to be filed from both spouses.

5. You can include an outline in your parenting agreement, support, custody if there are children involved in it. If the divorce is contested, each spouse will need to provide their preferences. On the other hand, you need to outline your agreed arrangements in terms of uncontested divorce.
6. File your divorce application at the courthouse in your province/territory of residence, or you can take the help of a family law lawyer. You need to pay the respected fee associated with your application. Moreover, you also need to complete if any 
7. You can include an outline in your parenting agreement, support, custody if there are children involved in it. If the divorce is contested, each spouse will need to provide their preferences. On the other hand, you need to outline your agreed arrangements in terms of uncontested divorce.
8. File your divorce application at the courthouse in your province/territory of residence, or you can take the help of a family law lawyer. You need to pay the respected fee associated with your application. Moreover, you also need to complete if any additional formalities requested according to your province/territory of residence.
9. It would be best if you waited for clearance from the divorce registry located in Ottawa. Follow the court procedure and conduct your services accordingly. Once the divorce papers have been served to your spouse, then He/She has 30 days from the day of doing to respond to the divorce application.
10. If you get no response from your spouse after 30 days of your filing, you can set down your divorce with the Court by submitting your divorce order, affidavit for divorce, and clerk’s certificate
11. After all the steps are done, you have to wait for the Court to grant you a divorce. If the judge is satisfied with the provided application and supported documents, they will issue a divorce order.
12. Once you get your divorce certificate 30 days after the divorce order is granted, you will be legally divorced and entitled to get remarried.

You are likely to face problems such as child support, child custody and sharing of assets during the divorce process. Seeking legal help can save you from hassles and ensure that your rights are protected and you get the best advice. Consult the most frequently asked questions about family law or call us.

Disclaimer: This article is for educational or informational purposes only and does not represent any legal advice. Legal advice may vary in a particular case.