Spousal Support

Spousal support, also known as alimony, is a financial obligation that one spouse may be required to pay to the other following a separation or divorce. It is intended to provide financial assistance to the lower-earning or non-working spouse to help maintain, as far as possible, a similar standard of living to what they had during the marriage.

Types of Spousal Support

Temporary or Rehabilitative Support: Aimed at supporting a spouse until they can become self-sufficient.
Permanent Support: Usually granted in long-term marriages where one spouse may never become self-supporting.
Lump-Sum Support: A one-time payment rather than ongoing payments. Lump sum support is paid tax free to the recipient and is, accordingly, not tax deductible by the payor.

Factors Influencing Spousal Support

Length of Marriage: Longer marriages often lead to longer or larger support obligations.
Financial Need: The recipient’s financial situation and needs are crucial.
Payor’s Ability to Pay: The financial strength of the paying spouse also matters.
Standard of Living: Courts often consider the lifestyle the couple enjoyed during the marriage.

Considerations

Provincial Laws: Spousal support legislation is similar across Canada but there are variations across provinces affecting obligations and calculations.
Modification: Support can sometimes be modified based on changes in circumstances, such as income changes or remarriage.
Tax Implications: Historically, spousal support payments are tax-deductible for the payor and taxable for the recipient.

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