When couples separate, one household turns into two. The law relies on spousal or partner
support to lessen the financial blow experienced by the lower income spouse.

Spousal support is one of the most contentious issues in family law. When feeling are hurt,
there may be resistance to financially support your former spouse. Spousal support, commonly
referred to as “alimony” in the USA and on television shows, is dependent on several factors. If
a cohabitation lasted several years and involved children, it is very likely that the issue of
spousal support will arise. Spousal support can be negotiated in a number of ways. The parties
can agree to lump sum support, they can use property to set off spousal support, or they can
agree to monthly support for a fixed period of time, or indefinitely. Reaching an agreement for
spousal support is the ideal outcome compared to the Court ordering spousal support.

The Spousal Support Advisory Guidelines are the most common way that the Court will order.

What are the factors considered while determining spousal support?

Income of both parties
Length of the marriage or cohabitation
Age of the parties
Health and ability to work
Role of the spouse during the marriage: If you have to sacrifice your job due to marriage, the duration of support awarded increases considerably.
Education: Often, the duration of the support is based on educational qualities of the partner. This is because educational qualifications determine the possibility of landing a job.
Marital fault: In Alberta and Canada – the conduct of spouses is specifically not considered when determining spousal or partner support. If one spouse commits adultery, this has no bearing on whether spousal/partner support is ordered. This is looked at differently in other countries.
Past standard of living: The standard of living in the past also impacts the amount of spousal support.

Because every relationship and financial situation is unique, there is no one-size-fits-all formula
for determining spousal support. The courts weigh a wide range of factors, each varying in
significance depending on the circumstances. Many Courts use the Spousal Support Advisory
Guidelines (SSAG) and law firms have access to automated software to follow the SSAG. As a
result, spousal support awards can differ greatly from case to case. Rather than relying on fixed
amounts, the legal system aims to strike a balance that reflects fairness, need, and ability to
pay.