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Rules of spousal support explained

In Ontario, one spouse can receive spousal support from the other after the couple has separated or divorced. This spousal support is generally paid by the spouse who has a higher income, regardless of his or her gender. This support is also available if a couple lived together but was not married. In order for an unmarried partner to receive spousal support, the couple must have resided together for at least three years unless they have a child, in which case they can have lived together for any length of time.
 
Spousal support is provided for various reasons, such as recognizing a spouse’s contributions to the relationship, sharing the financial expenses related to a child’s care, preventing a spouse from becoming dependent on taxpayers and correcting an economic disadvantage to a spouse that was caused due to the end of the relationship. Spousal support is not intended to last a lifetime. Instead, the recipient spouse is expected to be able to support himself or herself as quickly as possible. An order regarding spousal support can be included in a separation agreement, along with other agreements like child support, custody, property division and visitation.
 
If a case is brought before a judge, he or she will use several factors to determine whether spousal support should be ordered, including the duration of the relationship, arrangements regarding any children of the union, each partner’s role, the spouses’ ages and the financial situation of each spouse. The judge might also look into the Spousal Support Advisory Guidelines, which were established to help determine the amount of support that should be ordered. Individuals may wish to reach an agreement regarding spousal support outside the courtroom to avoid the expense related to this litigation. A lawyer may be able to help a client negotiate a fair arrangement.
 
Source: CLEO, “Separation and Divorce: Spousal Support“, June 06, 2014