Alimony is a legal obligation for a former spouse to provide financially for the other spouse after separation. In Canada, alimony is most commonly referred to as spousal support, and is governed by both the Divorce Act, and the provincial act such as the BC Family Law Act. Spousal support can apply to both married spouses and common law spouses, which you can read more about in our post on “How long do you have to be married to get spousal support?”
The purpose of spousal support is to address the economic consequences arising from spousal relationships and the breakdown of those relationships. Whether you or your spouse is entitled to spousal support after separation depends on a variety of factors including the length of the relationship, your financial circumstances, and the roles you may have performed during your relationship. The Supreme Court of Canada has recognized three separate models under which a former spouse may be entitled to spousal support.
- Compensatory Support
This model of support compensates a spouse who has suffered economic disadvantages as a result of separation or has contributed to the economic advantages of their former spouse. This often applies where spouses assume “traditional roles” and one spouse is the breadwinner, while the other spouse primarily assumes domestic and child rearing responsibilities. Compensatory support helps to reduce the economic imbalance by compensating a spouse who may have forgone career, educational, and earning opportunities due to their role in the relationship.
- Non-Compensatory Support
Also known as “needs-based support”, this entitlement applies where one spouse is unable to support themselves after separation without the assistance of the other. The courts have also interpreted this to include situations where a former spouse will need support because there is a decline in their standard of living from their marital standard. This model recognizes the economic interdependency of spousal relationships and serves to even out the gap between the needs and means of spouses after separation.
- Contractual Support
This entitlement results from an agreement between spouses about the payment of spousal support, such as a separation agreement, a prenuptial agreement, or a cohabitation agreement. Agreements setting out spousal support can be very useful to avoid lengthy and expensive court proceedings. However, courts may set aside an agreement and replace it with a different arrangement if they determine that the agreement was not reached in a fair manner, or if the result is significantly unfair to one party.
Once an entitlement to spousal support is determined, the next step is to determine the amount and duration of support. This determination can be complicated and depends on a variety of factors. If you are interested in learning more, you can check out the Spousal Support Advisory Guidelines (SSAG), which are often used by courts for assistance.
We hope this post helps you understand what alimony and spousal support are, and how they apply to you. If you have further questions or need legal assistance with your divorce, separation, or seeking an order for spousal support, please do not hesitate to give us a call at 604-449-7779.