What is spousal support?
Spousal support is money paid by the partner who earns more to the partner who earns less.
Spousal support applies to partners who are married. It also applies to partners who are not married as long as they have:
- lived together for at least 3 years, or
- have a child together and were in a relationship of “some permanence”.
The court looks at a number of things when deciding if spousal support must be paid. These include:
- the needs and financial situation of each partner
- the length of the marriage or relationship
- the role each partner played during the marriage or relationship, for example, if one of you stayed at home to look after the children
- the effect of these roles on each partner and their current financial position
- whether your partner signed an immigration sponsorship agreement
The amount of spousal support is usually decided using the Spousal Support Advisory Guidelines. It gives low, middle, and high ranges of support amounts to consider.
Even if you get spousal support, it does not usually last forever. Both partners are expected to eventually be able to take care of themselves financially. For example, your partner might have to pay support while you take a course or attend training. But then the amount of support might decrease over time, and then end.
If you do not have current job skills, there might be government programs available to train you. Sometimes you can get government assistance while you learn. For more information, you can contact a women’s centre, Service Canada Centre, or see servicecanada.gc.ca or hrsdc.gc.ca.
If your partner is receiving income assistance, you are not likely to get an order for spousal support.
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