Spousal Support: Important things you must consider

Under the Federal Divorce Act, a spousal support is most likely to be effective when there is a difference between the incomes of two spouses’ after they separate from each other. However, there might be cases when a court may decide against this. In those cases, the spouse with the lower income will not be entitled to support. These may arise in case that spouse possesses a lot of assets or the difference in their incomes cannot be traced during their relationship.

Under the provincial law, in Edmonton, Alberta, a common-law partner may be eligible for spousal support from the other partner. This depends on the duration for which the couple lived together before getting separated. For example, a common-law couple must live together for two or three years before either partner for being eligible for spousal support.

Factors judges consider

It is an extremely important decision from the standpoint of both the partners. Therefore, Judges must consider a number of factors when deciding if a spouse should get support after a divorce. These factors include:

1. the financial means and needs of both spouses;
2. the duration of the marriage;
3. the roles of each spouse during their marriage;
4. the effect of the decision on both the spouses’ current financial positions;
5. the care of the children;
6. the goal of encouraging a spouse who receives support to be self-sufficient in a reasonable period of time; and
7. any orders, agreements or arrangements already made about spousal support.

Judges must also consider whether spousal support would meet the following purposes:

1. to compensate the spouse with the lower income for sacrificing some power to earn income during the marriage;
2. to compensate the spouse with the lower income for ongoing care of children; or
3. to help a spouse who is in financial need if the other spouse has the ability to pay.

 

At the same time, the judge must consider that a spouse who receives support has an obligation to become self-supporting, where reasonable.

More details can be found here.

Spousal Misconduct

There is no-fault divorce law in Edmonton, Alberta. This means the reasons for ending the marriage does not affect a spouse’s legal obligation to support the other spouse following a divorce.

 

Payment of both Child and Spousal Support

If either spouse is paying child support, the judge must also determine how a requirement to pay spousal support would affect child support payments. The Divorce Act clearly states that a judge must give priority to child support when a person applies for both child and spousal support. Both parents have an obligation to support their children.

You can connect one of our divorce lawyers now.

Our Divorce Lawyers at Right Legal in Edmonton, Alberta can help learn more.

 

 

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