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How will a judge calculate spousal support?

Under the law, every spouse - married or common-law - has a duty to be self-sufficient, but judges know sometimes that just is not possible.

If you have to go to court to have a judge decide spousal support for you, the judge will look at a number of factors in making a decision about who should pay, how much they should pay, and for how long. These factors include:

  • your financial situation and the financial situation of your former spouse
  • how long your relationship lasted
  • what each of you contributed, both financially and otherwise, during your relationship
  • what the person who is asking for spousal support needs in order to become self-sufficient, such as extra training or education, and
  • if you have children, who has custody of them, whether one of you stayed (or is staying) at home to look after them, and whether they will need child support. (While child support is decided separately from spousal support, the amount one parent must pay to the other to support the children may affect the amount available for spousal support. See our section on Child Support for more information.)

Based on this information, the judge may decide that no spousal support is needed, or that spousal support should be paid in one lump sum, or in regular payments over a certain number of months or years.

The judge will not look at any other aspects of your marriage - that one of you had an affair, for example, or which of you moved out first - in making his or her decision.

Draft proposal for spousal support guidelines under the Divorce Act

In January 2005, two law professors released a draft proposal for spousal support guidelines to help determine spousal support under the Divorce Act. These guidelines are different from the child support guidelines. They will be advisory only and using them will be voluntary. Lawyers might refer to these advisory guidelines when advising their clients about spousal support and some judges might consider them when deciding spousal support. For more information, contact the Department of Justice Canada general inquiries line toll free at 1 888 373-2222.