Spousal support refers to the money that one spouse or common-law partner will pay to the other after they separate or divorce. The Court is authorized through either the Family Law Act or the Divorce Act to order one person to provide support for their dependents in Ontario.
The Court considers many factors when determining who is eligible to receive or provide spousal support and the duration and amount of such spousal support. This will often include each party’s current assets and abilities, as well as future assets and abilities, and either party’s ability to contribute to their support or the consent of the other party.
Typically, lawyers will use the Spousal Support Advisory Guidelines to determine and recommend to the Court who should pay spousal support and the quantity.