The rules of alimony or spousal support for divorcing couples are set out under the federal Divorce Act. The relevant rules for unmarried couples, who have engaged in common-law relationships, are set under territorial or provincial laws. The latter also applies to married couples living separately but not divorcing.
When divorcing your partner, spousal support will be one of the things on your mind. This guide provides you insights into the needs covered by alimony.
The Need for Spousal Support
As per the Divorce Act, alimony or spousal support is usually paid when there is a significant difference between the incomes of the spouses after they separate. However, there are deviations from this norm as well. Sometimes, the court may determine that there is no need for one spouse to pay the other one any support despite having a higher income. This usually happens when the court finds out that the spouse with a lower income has adequate amounts of assets. The court can also come to this conclusion when it determines that the difference in income didn’t happen during the duration of the relationship.
When it comes to the question of common-law partners, entitlement to spousal support can vary from one province to another.
How is Alimony Determined?
Courts generally follow different approaches to determining alimony. The court will usually determine whether you are entitled to receive alimony or not. Once entitlement is established, you will calculate the fair amount and its duration with the help of your attorney. As mentioned above, even when you are entitled to receive alimony, you may not get any support due to various factors.
Entitlement
The objectives of alimony determine whether you are entitled to getting spousal support. These objectives identify that when a parent has to take care of their child, their ability to support themselves can be affected. For example, they may not be able to build their career or work full-time.
There may be a history of a partner giving up on opportunities to let their spouse pursue their career. The first partner may qualify for spousal support in such a case. In some cases, alimony may be entitled to limit the amount of financial hardships resulting due to separation.
Amount & Duration of Spousal Support
The amount and the time for which the alimony is provided will be determined based on various factors. These include:
- You and your partner’s financial condition
- The roles or duties of each partner during the duration of the relationship
- How long the relationship lasted
- The needs of the partner seeking spousal support so that they can become self-sufficient
The court can evaluate all these points to determine whether spousal support is entitled or not. Once the need for alimony is established, the court will determine whether the amount needs to be paid in regular payments over a period of time or in a single lump sum amount.
Factors Affecting Spousal Support
Some of the important factors that may impact your entitlement to alimony and the amount can include:
- Length of Marriage: The court can consider the duration of the marriage. If your marriage didn’t last longer than two years, there is a good chance that there will be no permanent alimony. If you do not have kids or other factors are at play, there may be no alimony at all.
- Age & Health: The court will consider if one or both of the partners are retired or disabled. It will further consider who has a permanent source of income. If one partner is 50 or older and has difficulty finding employment, alimony may be awarded.
- Standard of Living: The standard of living you experienced during the duration of your marriage can also be an important factor. For instance, if you have been married for 15 years and your partner earns half a million every year, they cannot argue that their partner should live on $50,000 a year.
So, these points provide helpful insights into how alimony is determined during a divorce. It is worth noting that there are no clear ‘heads’ that can be determined under spousal support. The court will take many of the above-mentioned factors when coming to a decision.
