Spousal Support: How Much and for How Long?
- allison6516
- Mar 28
- 3 min read
Updated: Apr 8
If you are seeking spousal support from your ex, either as a spouse under the Divorce Act or a common law partner under the Family Law Act, you first need to prove that you have an entitlement to support. You can do this by proving one of the following:
1) You have a contract that entitles you to support: This type of support is warranted where spouses/partners have a Cohabitation Agreement, Marriage Contract, Prenuptial Agreement, or other such domestic contract that dictates that support should be paid.
2) You should be compensated for work during the relationship: This type of support compensates a spouse/partner for sacrifices made during the relationship that financially detriments them while having a corresponding financial benefit to their spouse/partner . For example, where one partner stops working to care for children or helps the other grow their career, business, etc.
3) You need the support to have a reasonable standard of living compared to that experienced during the relationship: This addresses financial need arising from the marriage breakdown. A significant income disparity may justify short-term support to help the lower-earning spouse adjust financially and become self-sufficient.
Once you are able to prove that you have an entitlement to spousal support, the questions then become how much and for how long?
In Ontario, the amount of spousal support is typically determined using the Spousal Support Advisory Guidelines (SSAG). The SSAG provide a framework for calculating both the amount and duration of spousal support based on several factors:
Formulas: The SSAG offer two main formulas:
With Child Support Formula: Used when there are dependent children and child support is being paid.
Without Child Support Formula: Used when there are no dependent children or child support is not applicable.
Key factors other than the presence of children that influence the amount and duration of spousal support include:
Length of the Relationship: Generally, the longer the marriage, the longer the duration of spousal support. The SSAG suggest that the length of the relationship is a primary determinant of support outcomes, especially in cases without dependent children.
Roles During the Marriage: The roles each spouse played during the marriage, such as whether one spouse sacrificed career opportunities for the family, can impact the duration of support.
Economic Disadvantages: The court considers any economic disadvantages or hardships resulting from the relationship or its breakdown.
Age and Health: The age and health of the spouses/partners can also influence the duration of support.
Economic Self-Sufficiency: The goal is to promote the economic self-sufficiency of each spouse within a reasonable period of time.
The SSAG provide formulas for calculating the amount and duration of spousal support, but these are guidelines and not binding. Courts may order interim or permanent spousal support, and the amount and duration can be subject to review and variation based on changes in circumstances.
The SSAG also suggest a ceiling for the payor's income at $350,000. Above this ceiling, the guidelines may not apply, and the court has discretion to determine the amount based on the specific circumstances of the case. The court may consider imposing a cap on the amount of spousal support or awarding a percentage of the payor's income above the ceiling.
To learn more about spousal support or other family law related questions, contact a qualified lawyer at Hines Legal through our contact page on our website or email allison@hineslegal.ca.
Resources:
DISCLAIMER: This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of the blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in this blog.
コメント