Family Law Act � Spousal Support
The spousal support under the Family Law Act applies to married couples who are not seeking a divorce, and cohabiting couples who either have cohabited continuously for at least three years or, if they are the natural or adoptive parents of a child, are in a “relationship of some permanence”.
Therefore, unmarried couples who have children together would be eligible for spousal supports at the breakdown of their relationship.
Unlike child support, there is no mandatory guideline for the amount payable (although there is a non-binding advisory guideline). Hence, the amount for spousal support depends on the circumstances of the parties.
Typically, in determining the amount of spousal support payable, the courts would seek to:
- recognize the spouse’s contribution to the relationship and the economic consequences of the relationship for the spouse;
- share the economic burden of child support equitably;
- make fair provision to assist the spouse to become able to contribute to his or her own support; and
- relieve financial hardship.
However, because the law mandates that child support take priority to spousal support, often there isn’t much money left for spousal support after the child support has been paid.
If you are seeking spousal support, please contact me at 416-433-5531.
*Please note that divorce proceedings are governed by the Divorce Act.
Please Note: This article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. Legislation referred to may have been amended or repealed since the publication of the article.
