Spousal Support— Do You Get It?
You might. But then again, you might not.
Buttons depicting a broken heart and separation of spouses or partner
What to Consider when Determining Spousal Support?
Spousal Support, which is money paid from one spouse to the other after separation or divorce, is not a given. There are several factors that must be considered to determine whether you receive support. Though the amount of Spousal Support to be received is often based on the Spousal Support Advisory Guidelines (SSAG), which is NOT law, the amount of spousal support can be negotiated and resolved by the parties in mediation.
Below are listed several factors needed to be considered to determine if spousal support should be received. If you are NOT entitled to spousal support, there may be NO point in negotiating an amount.
Factors considered may include, but not limited to:
Agreements (pre-nuptials and marriage contracts)
Length of marriage or common law marriage
Financial means (income) of both parties
job security
Age
Roles of each spouse during the relationship and break down of marriage
Length of time out of work
Ages of the children
Self-sufficiency of spouse receiving support within a reasonable time
Current financial situation
Education/training and work experience
Lifestyles, health, parenting
Means and needs: expenses and income of each party is considered when determining spousal support.
If both parties have similar income and no special expenses (i.e.: medical) then spousal support may NOT be considered.
Obligation: One spouse is NOT obligated to support the other during the divorce due to reasons for the end of a marriage or common law relationship.
The spouse who receives support has an obligation to become self-sufficient within a reasonable time, with exceptions such as age.
Parties need to negotiate the duration spousal support will be paid.
Spousal support should recognize any economic advantages and disadvantages arising from the marriage and its breakdown as well as financial consequences of caring for the children over and above obligations of supporting them, which should be apportioned between parents. In addition it should relieve such hardships due to marriage or partnership breakdown.
Adult- Interdependent Partnership Relationship
If you are/were in an adult interdependent partnership relationship you must have either:
lived with that person for a continuous period of not less than three (3) years, OR
if there is a child thorough the relationship either through birth or adoption, OR
you both had entered into an agreement via legislation
Taxes and Spousal Support:
Spousal support is fully taxable in the hands of the recipient and deductible in the hand of the payee. To claim support payments, there must be a court order or written agreement that specifies the amount and occurrence of the support payments. (Note: child support is generally considered Non-taxable and Non-deductible).
Check with the CRA or an accountant for further detailed information. Support payments - Canada.ca
Spousal support is governed by the Divorce Act of Canada and the Family Law Act of Alberta.