What Is Spousal Support, and How Does It Work?
When a couple separates or divorces, one spouse may be required to pay money to help support the other. This financial support is known as spousal support.
Typically, the spouse with the higher income pays spousal support to the one with the lower income, but entitlement is not automatic. It depends on a range of personal, financial, and relationship-specific factors.
What Determines Spousal Support?
Whether spousal support is owed and how much is paid depends on several key considerations:
- The length of the relationship
- Each person’s income and ability to earn
- Roles during the relationship (e.g., caregiver vs. income earner)
- The financial impact of the separation on each person
- The health and age of both spouses
- Whether there are children still at home
- Ownership or value of property held by each party
Example 1
A couple earns similar incomes, has been together for less than five years, has no children, and are both in good health. In this case, spousal support is unlikely.
Example 2
One spouse is 55 years old, in poor health, and was the primary caregiver for the children without rejoining the workforce. The other spouse earns $100,000 annually. Here, spousal support is very likely.
Most cases fall somewhere between these two extremes. Our divorce lawyers in Newmarket can assess your specific situation and advise whether spousal support applies.
How Is the Amount of Spousal Support Calculated?
If spousal support is justified, the next step is to determine how much and for how long it will be paid. Courts and lawyers often refer to the Spousal Support Advisory Guidelines (SSAG) for guidance.
The SSAG uses complex formulas to estimate what a judge might award in a court case. These guidelines are not legally binding, but they are widely followed.
At our office, we use software based on the SSAG to help determine a reasonable range for spousal support. This includes both monthly payments and lump sum options. We’ll help you understand your position during your consultation.
10 Key Facts About Spousal Support
1
Child support comes first. You must calculate child support before determining spousal support.
2
Monthly payments are tax-deductible for the payor and taxable for the recipient.
3
Lump sum payments can be made instead of monthly support, but they are not tax-deductible.
4
Support duration typically ranges from 1 year of support for every 2 years of marriage to 1 year for every year of marriage.
5
In long-term marriages (20+ years), spousal support may be indefinite.
6
If the recipient’s age plus years of marriage equals 65 or more, support may also be indefinite.
7
Common-law partners may be eligible for spousal support if the relationship lasted more than 3 years or if there’s a child.
8
The recipient must make efforts to become economically self-sufficient when practical. If not, income may be "imputed" to them, potentially lowering support.
9
The payor cannot avoid support by quitting their job or becoming underemployed on purpose. Courts look at real earning potential, not just actual income.
10
Spousal support is legally and emotionally complex. A lawyer can help you negotiate fair terms through a constructive process like Collaborative Practice.
Need Clarity About Your Situation?
Spousal support is one of the most misunderstood aspects of separation. Whether you are seeking support or may be asked to pay it, we can help.