Spousal Support
Spousal support or spousal maintenance paid from one spouse/partner to the other may follow the break down of a marriage or adult interdependent relationship. It can by paid at regular intervals monthly, by a lump sum payment amount, or a combination of both.
Spousal Support is governed by the Divorce Act, Adult Interdependent Relationships Act, and Family Law Act. A separation from a spouse/partner does not automatically give either spouse/partner a right to receive support.
Entitlement must be proven and there are many factors to consider which can take into account the means, needs, condition and circumstances of the spouses/partners including the length of time they have cohabited, the functions performed by each and any order or agreement relating to support.
Objectives of spousal support are to recognize economic advantages or disadvantages arising from the marriage breakdown, apportion financial consequences arising from care of the children, relieve economic hardship and promote self-sufficiency.
There are Spousal Support Advisory Guidelines (SSAG) that calculate ranges of spousal support. Unlike the Child Support Guidelines which is law to be followed, SSAG are guidelines giving information to consider.
Spousal support which is paid at regular intervals is tax deductible to the payor and the recipient pays tax on the amount received. If paid by a lump sum amount, the payor does not get this tax deduction and the recipient pays no tax on the amount received. Payments for spousal support may end on a specific date, be ongoing or indefinite. Spousal support may be reviewed or varied, and amounts can change over time.
It is possible to negotiate and agree on whether, or not, any spousal support is paid and if so then how much and for how long. These terms which you arrive at in mediation, collaboration, or arbitration can be written into your Settlement Agreement and Divorce Judgment, or Arbitration Award.
At Peaceable Settlements, we can help you reach agreements in this area of law that is complex and not clear cut.
Resources:
- Spousal support overview – Dept. of Justice (Canada)
- Financial support guide (PDF) – Centre for Public Legal Education Alberta