Spousal Support in Canada: How Long Does It Last?

 

It’s no secret that getting divorced can be a highly-challenging procedure that can take a toll on your mental and emotional health. However, no one has prepared you for the fact that getting a divorce can also be expensive. You must pay for court proceedings, hire a divorce lawyer, and make divorce papers. Additionally, you may also need to give up a lot of your existing finances by dividing marital property. Even though these expenses are well-known, you might also have to pay financial support to your spouse in some cases. In contrast, you can also manage your finances better by receiving some financial help, called spousal support, from your ex-partner.

 

But you need to understand spousal support, its purpose, eligibility requirements, and the period before applying to pay or receive this financial help. This article discusses getting spousal support in Canada and its timeline.

 

What is Spousal Support?

Spousal support refers to the financial support one spouse receives from the other one after divorce. In many cases, especially when one partner is a stay-at-home partner during the marriage, the court asks the other earning partner to financially support them for a defined period. Spousal support, also called alimony, is paid when one partner is financially stable, and the other doesn’t have a stable source of income, savings, or assets to support themselves after divorce. Spousal support, also called maintenance in Canada, is not an obligatory part of the divorce.

 

The spouse that wants to receive spousal support has to add the term to their divorce agreement or ask the court to order the financially-stable partner to pay alimony. Most people believe that spousal support has to be paid every month. While that’s true, you can also relieve or pay spousal support as a lump sum amount at the end of your divorce proceedings. However, remember that paying a large amount of alimony together can be challenging, even for a financially-stable individual, so the court usually orders some amount to be paid every month for a fixed time.

 

What is the Purpose of Spousal Support?

Even though the main purpose of spousal support is to help a financially unstable individual after divorce, the court also orders a person to pay financial support to their partner for multiple other reasons. Here’s the purpose of paying or receiving alimony in Canada.

 

● Financial support helps an ex-partner become financially independent and handle all their finances without having to depend on anyone for the time being.

● Spousal support prevents one ex-spouse from facing financial difficulties that may stop them from spending money on basic necessities. If one person is put at a financial disadvantage due to the relationship breaking down, the court can order the other partner to help them put an end to their financial struggles.

● When two partners have children together, the court orders the financially-stable partner to pay child support to the other partner so they can meet all the financial needs of their children. Spousal support allows partners to share the costs of raising children in a stable environment.

● One of the most common reasons for paying child support is to compensate one partner for staying at home to raise children or manage the household during the marriage. This ensures that the financially disadvantaged partner has enough money to look after themselves while they look for opportunities to restart their career.

 

However, the court also orders the party that receives spousal support to get back on their feet and find work as soon as possible.

 

Who is Eligible for Spousal Support?

Since spousal support or alimony isn’t an essential part of all divorces, the financially-unstable partner needs to show that they’re eligible for spousal support in front of the court. Here are some requirements that show that you deserve financial support from your partner. Even if you check one of them, you’re eligible for spousal support in Canada.

 

● You should be married and have lived together for at least three years.

● You have a child together.

 

Additionally, you need to discuss your role during the marriage and present a reason that makes you eligible for spousal support. Here are some documents or reasons you can discuss to get your required spousal support post-divorce.

 

● You and your partner signed a legal document, like a prenuptial agreement, which states that you’d receive spousal support after a divorce.

● Your spouse forced you to stay at home to care for children or prevented you from having an income source. Individuals that mutually decided with their partners to stay at home after marriage are also eligible for spousal support.

● If you don’t have enough financial resources to look after yourself and your spouse has enough income to support both of you, you can be eligible for spousal support.

 

What is the Amount of Spousal Support in Canada?

In Canada, spousal support doesn’t have any fixed amount. Both spouses sometimes agree on an amount and sign a mutual divorce contract containing the alimony amount. However, when one spouse asks the court to set an alimony amount, the court has to consider multiple factors to calculate a reasonable spousal support amount. Most Canadian judges use the Spousal Support Advisory Guidelines (SSAG) to calculate the ideal spousal support amount. However, these guidelines are not the law, and the final amount can differ based on various factors. Here are some factors that the court and lawyers consider to calculate the amount of alimony one partner has to pay to the other one.

 

● The difference between the income of both parties and their respective financial status

● Their age

● Whether or not they have children together and the children’s age

● The time a couple has stayed together after marriage

● The role and responsibilities of both parties during the marriage and their effect on the current financial status of both spouses

● Any previous legal document signed by the partners which mentioned the alimony amount

● The impact a divorce has on the mental and physical health of both partners

● Any existing medical conditions that require additional financial support

● The agreement of a couple regarding handling the responsibilities of a child after divorce

 

However, you can also get the amount of spousal support changed after some time based on evolving circumstances. An increase or decrease in the income of any party, the changed marital status of any of the spouses, or updates in their children's living arrangements are grounds for updating the alimony amount. Additionally, the amount you pay or receive as alimony is deducted from your annual taxes in Canada. In cases where one party doesn’t have enough money to pay both child and spousal support, they only have to financially support the child instead of paying money for both their child and ex-partner.

 

How Long Does Spousal Support Last?

Like the amount of spousal support determined by the court depends upon various factors, the period of spousal support is also set by the court based on several factors. These factors are similar to the factors a judge uses to calculate the alimony amount. But if the spousal support period seems too long or too short, you can request the judge increase or decrease it.

 

However, based on certain circumstances, you can stop paying or receiving spousal support before the ordered period. Here are the circumstances which allow you to stop paying alimony.

 

● The court asks you to stop paying spousal support.

● You and your ex-partner sign a new agreement, and they stop asking for financial support.

● The conditions of paying spousal support are met, like one party is supposed to pay alimony until the other party gets a job.

Looking for the Spousal Support, You Need After Divorce? Hire an Experienced Divorce Lawyer in Brampton

With the help of a professional divorce lawyer, you can turn the case in your favour and get enough spousal support to manage your finances for the required time. It’s advisable to hire a divorce lawyer from Nanda & Associate Lawyers, as they have a team of highly-experienced lawyers who have in-depth knowledge of family law. Their divorce lawyers can represent you in a contested divorce case, ensuring that you get the financial support you need from your ex-spouse. They can also help you determine and calculate the exact alimony amount you should receive from your ex-partner. These family law lawyers also handle child custody cases, helping you get custody of your kids and get child support from the other parent.

 

These family lawyers also handle the legal division of marital property, helping you get the share you want. Besides being well-versed in providing legal guidance and representation in divorce cases, Nanda & Associate Lawyers also has a team of professional immigration consultants who handle the cases of people applying for family sponsorship in Canada, those who want work permits in Canada, and individuals extending their temporary stay in Canada.

 

Get in touch with them for more information or book a consultation session with this law firm in Mississauga and get higher financial support in Canada post-divorce with the help of their divorce lawyers.

 

Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice