When a common law relationship or marriage has ended, either party may apply for spousal support. This is money paid by one spouse to the other and is sometimes referred to as spousal maintenance or alimony.
The purpose of spousal support is to ensure that the recipient spouse is able to meet their financial needs, usually for a specific period of time after the divorce or separation. This helps the spouse to deal with the financial repercussions as a result of the separation, to reduce financial hardship, and to help support the family if children are involved.
The Courts will look at a variety of factors in determining whether or not a spouse is entitled to spousal support, how much is payable to the spouse and the duration of the support being ordered. Other factors include the party’s income and age, as well as the length of the relationship and the roles played by the parties during the relationship. In certain circumstances, the spouse may be eligible for support but may not receive it due to other factors.
Spousal support may be payable on a monthly basis for a limited period of time or for an indefinite period of time. It may also be paid in a one-time lump sum payment. Spousal support arrangements can be confirmed by an agreement or court order, and may also be granted on an interim basis while divorce proceedings make their way to trial. To make a fair decision, the Judge may also look at other factors that led to the breakdown of the relationship.
We can assist you in determining what claim you or your spouse may have with respect to spousal support, and assist you in resolving that claim, either through the various types of negotiation, or in Court.