Alimony Laws in Canada
Alimony—or spousal support, as it is referred to in Canada—is a legal mechanism that attempts to limit the financial devastation that frequently follows in a divorce or separation. Under a spousal support order, the higher-earning party is required to pay the lower-earning party a percentage or their income for an agreed-upon or court-ordered time after the divorce or separation is final.
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Jurisdiction
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In Canada, the Constitution gives the federal government jurisdiction over divorces, and those laws have been codified in the Divorce Act. The act covers issues such as child support, custody and spousal support for divorcing couples throughout Canada. All other family-law issues are determined under provincial or territorial law. Canada does allow spousal support for the lower-income spouse after the marriage ends. The parties may set up an agreement for spousal support, or a judge can make the determination upon petition by either party.
Determination of Spousal Support
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Canada has issued advisory guidelines for determining spousal support. Unlike child support guidelines, which are mandatory, the spousal support guidelines are meant to give the parties, attorneys and judges a reference point for determining a support amount. The Divorce Act, however, does list specific factors that a judge must consider when making a spousal support determination. They include: the financial circumstances of each party; the role of each spouse during the marriage; the length of the marriage; the effect of the roles played by each party during the marriage and how the breakdown has affected the financial position of both parties; current and future care of children; encouragement of self-sufficiency; and any previous orders made regarding spousal support.
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Spousal Support Outside of a Divorce
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While the Canadian Constitution gives the federal government jurisdiction over divorce law, couples who were never married or who wish only to be legally separated may be entitled to spousal support under provincial or territorial law. For example, in Ontario, under the Family Law Act, if you have been cohabitating for three years or more or have a child in common you may ask for spousal support upon terminating the relationship. Each province or territory will legislate and administer its own laws dealing with spousal support outside of a divorce.
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