Spousal support is a periodic, fixed payment intended to cover, in whole or in part, an ex-spouse’s needs (for example, $500 per month). This amount must be paid directly to the latter, who can use it as he or she sees fit. In rare cases, a lump sum may be paid instead of periodic spousal support.

Only people who were married or in a civil union can ask their ex-spouse to pay spousal support. No support obligation exists between de facto spouses.

It is possible for the ex-spouses to agree that one of them will pay certain expenses directly, instead of paying support (for example, the rent or mortgage payments). The court can also issue this kind of order. While this type of arrangement is not considered spousal support for tax purposes, it is nonetheless a means of financially supporting your ex-spouse.

You and your ex-spouse can always amicably agree, in writing or orally, that he will support you.

In the case of a civil union, the common declaration of dissolution, which must be made before a notary, can include the payment of spousal support by one of the spouses for the benefit of the other.

You can also apply for spousal support when you initiate proceedings for divorce, separation from bed and board, annulment of marriage, or dissolution or annulment of a civil union. You must prove your needs by completing a form detailing your income, expenses, assets, and liabilities.

First of all, you should know that child support will be determined first if you have minor children or adult children who are still considered dependants under the Divorce Act. The law gives priority to their needs.

This may mean that a parent who pays child support may not be able to afford spousal support. Conversely, it is also possible for a parent to have sole custody of the children, receive no financial contribution from the other parent, and yet be obliged to pay that other parent spousal support.

Spousal support is calculated according to the income and resources of both parties, their specific situations, the needs of the ex-spouse seeking support, and the financial resources of the other spouse. The court will consider the following factors in particular:

• the age of both spouses;
  
• their health;
  
• their level of education;
  
• how long they lived together;
  
• their lifestyle while they lived together;
  
• the duties they performed while living together;
  
• how their property was divided;
  
• how long it will take for the recipient to become independent.

For example, the fact that one spouse interrupted her career to take care of the couple’s children is a major factor. It would be the same if a disability or illness prevented an ex-spouse from earning a living.

According to the Divorce Act, spousal support seeks to achieve the following objectives:

• to account for the advantages and disadvantages that arise from marriage or its failure;
  
• to distribute the financial responsibilities related to raising children;
  
• to resolve any economic difficulty caused to the spouses due to the failed marriage;
  
• to encourage, to the extent possible, each spouse to become economically independent within a reasonable time frame.

Note that during proceedings for divorce, separation from bed and board, and dissolution of a civil union, the court will not consider any misconduct that may have been committed by either of the ex-spouses (for example adultery or cruelty). Support is not intended to punish a bad spouse.

The tax consequences of spousal support must also be calculated when fixing the amount. Spousal support is taxable in the hands of the recipients and deductible for the payers. This aspect must be taken into account.

Yes, but they are not obligatory. Judges can choose whether or not to follow them.

Developed in 2005 by two law professors in collaboration with the Ministry of Justice of Canada, the Spousal Support Advisory Guidelines contain formulas to calculate the support owed to an ex-spouse in light of different factors, such as whether child support is being paid, the length of the marriage, etc.

These guidelines are inspired by already existing guidelines for child support. They are based on a detailed study of past judgments on spousal support.

The guidelines have received a mixed reception from Quebec judges. Some judges see the guidelines as another tool that they can use to evaluate whether the amount of support that they have determined is fair. Other judges think that the guidelines deprive them of their discretion to fix the amount of support.

Spousal support is calculated according to the needs of the ex-spouse seeking support and the other spouse’s financial resources, so the court may take a new spouse’s income into account when determining either parties’ expenses.

For example, John and Luc are dissolving their civil union. Luc applies for spousal support for himself because he is presently unemployed. As for John, he is living with his new spouse Gabriel. When John’s personal living expenses are calculated, the court also estimates the share that Gabriel should pay in their common household expenses (like rent). Then, taking into account John’s earnings and expenses, the court decides if he has the means to pay spousal support to Luc and, if so, how much. Gabriel is never obliged to pay anything to Luc at all.

In fact, whether an ex-spouse lives with a new spouse or a roommate, the result is the same. All that is required is that this other person pay their part of the common household expenses.

If the person applying for spousal support has a new spouse himself, the same calculations will be made to include the contribution of the new spouse to the common household expenses, along with any other direct contribution he makes.

Given that legal proceedings can take time and you may have to wait several months before obtaining a final judgment of divorce, separation from bed and board, or dissolution of a civil union, you can apply for interim spousal support for the duration of the legal process.

The court will not automatically award you long-term support when the final judgment is rendered, even if you were awarded interim support. This will depend on the circumstances of both you and your ex-spouse when the final judgment is delivered.

Both support and interim support can be increased or decreased if either you or your ex-spouse experience major changes in your circumstances.

For example, if the payer loses his job, he can ask the court to reduce or cancel the support until he finds new employment. Conversely, the payer can ask that support be cancelled or reduced to take into account the recipient’s new income if, for example, the latter finds a paying job.

In fact, spousal support can be reviewed any time there is a major change in either spouse’s situation. This includes getting a promotion with a significant salary raise, remarriage, an ex-spouse starts living with another person, or retirement. The ex-spouse seeking a review must apply to the court and prove that a major change has taken place, unless the ex-spouses signed an agreement dealing with the variation of support.

Note that support will automatically be indexed on January 1 of every year, unless the order indicates otherwise.

It is possible for spousal support to become permanent because the purpose of support is to help one of the recipients attain financial independence. The courts will usually refrain from setting a time limit for support but, as we have seen, the payer can ask the court to reduce or cancel the support if either the payer’s or the recipient’s situation changes significantly.

Often one of the ex-spouses will have left their job when the first child was born to stay at home and raise the children, sometimes for several years. Occupying this parental role has major financial consequences: the stay-at-home parent misses out on relevant workplace experience, lacks training, and has difficulty finding decent employment. It is quite common for the other ex-spouse to have to pay spousal support for a fairly long period of time under these circumstances.

Another example could be that of Sophie and Anne-Marie, who had a civil union, but separated after a few years together. During their civil union Sophie completed training in engineering and got a good job in her field. Anne-Marie worked as a secretary to help make ends meet while Sophie was in school and now she has just begun her own studies in a psychology program. It is likely that Sophie will have to pay spousal support until Anne-Marie finishes her program and achieves financial independence.

The payer can ask the court to terminate the support if the recipient does not make serious efforts to be able to support himself or herself. Here again, it all depends on the circumstances: the court will be less demanding of an ex-spouse over 50 years old than of someone younger, or an ex-spouse who raised four children as opposed to one who raised one child.

Sometimes a specific date can be chosen when support will terminate. In this case, the support will only last for the term specified. This will only happen if it is certain that the recipient will have attained financial independence or that the payer will no longer be able to pay. If, despite this certainty, there is an unexpected change in the situation, the time limit can be extended.

The obligation to pay spousal support ends if the recipient dies. The right to spousal support is a personal right and cannot be transferred to heirs.

If the payer dies, the recipient can claim from the succession an amount equal to at least 12 months of spousal support or 10 percent of the succession’s value, subject to certain conditions and limits fixed by law.