Spousal support is a payment made by one spouse to the other spouse after the dissolution of a marriage. It’s purpose is to help the recipient spouse maintain a similar standard of living after the divorce, particularly if they were financially dependent on the other spouse during the marriage.
Spousal support is based on the specific circumstances of each case. The Divorce Act in Canada (for married couples) provides guidelines that consider several factors in determining the amount and duration to be paid:
- The length of the marriage
Longer marriages may result in higher amounts, as the recipient spouse may have given up career or education opportunities to support the other spouse.
- The ages and health of the spouses
If one spouse is older or has a disability that makes it difficult for them to work, they may be entitled to higher levels of spousal support.
- The income and assets of the spouses
The calculation may consider the relative income and assets of the spouses, as well as any pre- or post-marital property.
- The earning potential of the spouses
If one spouse has a higher earning potential due to education or experience, they may be required to pay more in spousal support.
- The standard of living during the marriage
The standard of living that the spouses enjoyed during the marriage may be considered in the calculation of spousal support, which may help the recipient spouse maintain that standard of living after the divorce.
- Previous Agreements
If the spouses have signed a Prenuptial or Postnuptial Agreement regarding spousal support, those Agreements will be taken into consideration after a separation.
Through mediation and negotiation, Positive Solutions Divorce Services® can calculate spousal support and assist in drafting the terms of your separation into a Separation Agreement. If you would like more information, please contact us……
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