While it isn’t uncommon to hear about spousal support when referring to a divorce, it can be hard to understand what the process involves. At its foundation, spousal support is the payment from one spouse to another following a divorce but the amount and administration is as varied as the people dispensing and receiving it.
A part of the Divorce Act, spousal support is federally regulated but the details of the entitlements are determined at a provincial level. In other words, all people who are married can qualify for spousal support should their marriage end but when it comes to common-law relationships, rules can vary provincially.
How Spousal Support Is Determined
Spousal support is based on the premise of sharing an income but does not necessarily mean that each spouse is entitled to an equal division of monetary support. In many instances, both parties can come to a mutually-beneficial decision as to how to determine spousal support on their own. When this isn’t a possibility, the next step is to take the matter to court.
When a judge is deciding on how a divorcing couple will share income, some of the factors that they may consider include:
Given the variables and the stressful nature of the situation, spousal support can be a particularly complicated aspect of the divorce process. Speaking with an experienced family lawyer can go a long way in providing invaluable legal advice and guidance.