Unlike child support, spousal support is not automatically payable following a separation. While child support normally becomes payable following a separation based on such things as the income of the parties, the parenting time or access schedule in place, and the location of the payor parent, spousal support can be more difficult to determine.
Spousal support is often based on the characteristics of your past relationship:
- What are the incomes of the parties?
- How long was the relationship?
- Are the children of the relationship?
- How old were the parties at the time of separation?
- Do the parties have assets?
- Was either party a stay at home parent?
- Does either party have health concerns?
The court will not automatically award spousal support following the breakdown of a relationship. The onus is on the party seeking spousal support to prove that they are entitled to receive support. If the party is the successful improving entitlement, the court must then determine how much support is paid and for how long.
Entitlement to spousal support and the calculation of spousal support involve many factors that are unique to each case. There are also Time limitations which apply to an application for spousal support based on whether you were in a common-law relationship or whether you were married.
If you are either seeking spousal support or are being asked to pay spousal support and have questions about your rights, please contact us to see how we can help; your first consultation is free.