Navigating the complex world of family law is rarely easy, especially regarding spousal support.
With a host of legal considerations and eligibility requirements to navigate, understanding your rights as a spouse — or former spouse — can be downright overwhelming.
So what exactly is spousal support, and how can you secure it?
In this blog post, we’ll demystify the complexities around spousal support so that you understand its definition, purpose, timescales, and more. Keep reading to get started on your journey toward financial security!
What Is a Spousal Support?
Spousal support, sometimes referred to as alimony, is money passing from one spouse or partner to another when they separate or divorce.
Unlike child support, the purpose of spousal support is not to provide an ongoing source of income for children.
Instead, it’s given to help the spouse who makes less money maintain their standard of living after the relationship ends.
Eligibility: Who Can Receive Spousal Support?
To determine eligibility for spousal support, some factors are taken into consideration. These include the marriage/relationship length and each spouse’s financial contribution during that time.
Generally speaking, if the marriage lasts less than 5 years, there may be limited eligibility for spousal support, but longer marriages can qualify for more generous amounts of permanent support.
Other factors that can affect eligibility include whether either or both spouses have been married before, if either party has a significantly higher income than the other, and if there is evidence of abuse during the relationship.
Duration: How Long Will Spousal Support Last?
The length of time for which spousal support will be granted depends on several factors, such as both parties’ ability to work and earn a living and their age and health status.
Generally, non-permanent support (such as rehabilitative alimony) lasts no more than three years, while permanent alimony might last until the death or remarriage of the recipient spouse.
The court will consider all the factors above before determining the appropriate duration.
How To Get It: Applying For Spousal Support
The process needed to get spousal support in Canada varies by province – however, obtaining legal advice from a family law specialist should always come first as they can properly explain your rights under provincial law and advise what steps are necessarily moving forward with your claim.
Typically in most provinces, when applying for spousal support, you’ll need forms that require financial information about incomes, etc., so getting these organized ahead of time will make things easier later on down the line.
In addition, many provinces require a separation agreement outlining how everything from finances and properties will be split between partners – having a lawyer review this document is highly advised since any errors could have devastating consequences down the road.
Divorce proceedings can be difficult, but understanding your rights regarding spousal support can help ensure those in need receive much-needed assistance in adjusting their lives afterward without significant financial hardship due to the end of their relationship.
Consider all elements carefully before engaging in any action related to obtaining or making payments related to spousal support.
Ensure you consult with divorce law experts Scarborough experts whenever needed so that all involved understand what is at stake before proceeding further with matters like these.