Many factors affect whether a married or common-law spouse is entitled to spousal support and how much support they will receive.
Spousal Support – also called “alimony” or “maintenance”, is money paid by one spouse to the other after they separate or divorce. Judges must consider a number of factors when deciding if a spouse should get support after separation. We represent both payors and recipients of support and will help you navigate this complex issue.
Frequently Asked Questions
What factors are judges considering when determining spousal support?
- Financial means and needs of both spouses
- Length of the marriage
- Age of parties
- Roles of each spouse during their marriage;
- Effect of those roles and the breakdown of the marriage on both spouses’ past and current financial positions
- Care of the children
- The goal of encouraging a spouse who receives support to become self-sufficient, in so far as practicable
- Any orders, agreements or arrangements already made about spousal support
Judges must also consider whether spousal support would meet the following purposes:
- To compensate a spouse for sacrificing his or her career or earning potential during the marriage
- To compensate the spouse with the lower income for ongoing care of children
- To support a spouse who has financial need
In some cases, the judge must consider that a spouse who receives support has an obligation to become self-supporting, where reasonable.
Is spousal support taxable?
Spousal support payments are taxable to the recipient and tax deductible to the payor.