Who has a claim for spousal support?
Both legally married spouses and those that are in a common law relationship have the right to spousal support. If you are not married but have cohabited continuously for a period of not less than three years, or in a relationship of some permanence, and are parents of a child you have grounds to spousal support.
Two claims of entitlement to spousal support:
- Compensatory claims – a) spouse’s economic loss or disadvantage because of the marriage, abandoned careers because of the role a spouse had to take on during the marriage, a reduction in ability to make an earning, b) the paying spouse has gained an economic benefit.
- Non-compensatory claims – this claim is based on need, which can mean inability to work, or in ability to meet the same standard of living as during the marriage.
How is spousal support calculated?
Some of the factors that the court will take into account when calculating the spousal support are age, length of the marriage or relationship, length of cohabitation, income and any previous agreements.
The Spousal Support Advisory Guidelines are usually used to calculate the amount of spousal support, although they are not legislated they have quickly become the norm to calculate the amount. There two formulas to calculate spousal support, one is with child support the other is without. Please contact a lawyer to calculate the amount.