Basics of Family Law
Spousal Support How is spousal support decided?
Many couples going through a separation or divorce are able to come to a fair and mutual agreement about spousal support without going to court. The agreement usually forms part of a larger separation agreement that covers other issues such as child support, child custody, or the division of property.
If you choose to work out your own spousal support agreement, we recommend you write it down and file it with the court. Once it's filed, you can enrolll it with the Family Maintenance Enforcement Program. The FMEP can then monitor your agreement and enforce it if necessary - if your former spouse is late in making payments, for example, or refuses to pay.
If you cannot work out an agreement on your own, there are people who may be able to help. They include private mediators who are trained in helping couples resolve family issues, and Family Justice Counsellors.
Sometimes, however, an agreement just isn't possible, and you will need to go to court to ask a judge to decide.
If you do have to go to court, the judge will make a court order that specifies how much you or your former spouse will need to pay in spousal support, and when those spousal support payments can stop.
Important!
If you were in a common-law relationship and you have to go to court for a spousal support order, you must make your application within one year of separating. (There are no time limits for married couples.)
We recommend you get legal advice before you make any final decisions about spousal support.
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.
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