Your entitlement to spousal support is dependent on several factors, including whether you are considered a spouse under the law. One is considered a spouse if he/she is:
- Married; or
- Unmarried but have lived together with his/her partner in a marriage like relationship for at least 2 years; or
- Unmarried but have lived together with his/her partner in a marriage like relationship for less than 2 years but have a child together.
As a result, you could be entitled to spousal support if you have been married only for a short period of time. But, the longer you have been married, the more likely you are to receive a higher amount of spousal support and for a longer period of time. Moreover, one does not necessarily have to be married to get an order for spousal support – even living together for at least 2 years in a marriage like relationship can entitle one to spousal support.
The amount of spousal support you may be entitled to will depend on the length of your relationship, the difference between you and your ex-spouse’s incomes, whether your ex-spouse stayed home or worked outside the home during the relationship, whether there are children involved, etc. For an estimate of how much spousal support you may be entitled to, please visit our Spousal Support Calculator. For a more accurate figure that takes into consideration your unique circumstances, we encourage you to contact our firm for a consultation.
Who qualifies for spousal support:
Generally speaking, courts are willing to make an order for spousal support to help equalize economic burden for the spouse who, for example, earned less during the relationship or forewent employment to take care of children. A financial need, as the courts recognize, is therefore important in the entitlement to spousal support, but at the same time, the courts encourage the spouse receiving spousal support to become self-sufficient in a reasonable period of time.
How is spousal support calculated?
Judges often refer to the Spousal Support Advisory Guidelines (SSAG) when determining the amount of spousal support to be paid, but are not bound to follow these guidelines. The SSAG is a great tool for both you and the court to figure out the amount you may be entitled to. To calculate your potential spousal support, you need your and your ex-spouse’s income, the length of your marriage and whether there are children involved.
How long can I receive spousal support for?
According to SSAG, you may be entitled to receive spousal support for a length that is either half or the whole length of your marriage-like relationship. For example, if you have been married for 10 years, you may be entitled to receive spousal support for 5 to 10 years. However, the amount is also dependant on age. If, for example, one is 60 years of age and has been married for 30 years, he/she may be entitled to support for an indefinite amount of time, that is for more than 30 years (or until the date of their death).
For a calculation of your spousal support entitlement, we suggest you seek advice from one of our experienced family law lawyers.
We hope this article “How long do you have to be married to get spousal support” helps answer your questions about spousal support. If you have further questions or need legal assistance with your divorce, separation, or getting an order for spousal support, please do not hesitate to contact MJ O’Nions Lawyers & Mediators at 604-449-7779.