5 FAQ about Spousal Support Agreement

Category: Family Law 77 0
Spousal Support

1. What is spousal support?

Spousal support is also can be called spousal maintenance. In other countries this can be called alimony. The main idea of spousal support agreement is that one ex-spouses or partner helps another one if he or she has low income to cover the living expenses.

2. Spousal maintenance and spousal support

In fact, the matter and idea of these two notions is the same. The difference lies in the fact that spousal support and spousal maintenance are governed by different acts.

3. Who gets spousal support

The issues connected to spousal support are the most complicated in the family law in general. If you want to know step by step who gets and who does not get spousal support you would have to study all the family law documents, because each separate court case can appear with different decisions. These decisions are made based on a huge variety of factors influencing whether one would get spousal support after the divorce or not. Also you should remember, that even if you had no common children with your partner it does not mean that you cannot get spousal support.

In Canada, you can ask for some help at Spousal Support Advisory Guidelines (SSAGs). But even these guidelines tell you that based on your information you will get your spousal support court might come to a different conclusion.

Your age, sex and sexual orientation does not influence on you possibility to get or at least apply for spousal support.

4. I was not married

For the process of spousal support applying, it does not matter if you were or were not married. In some provinces you need to have lived for at least two years with your partner to apply for any support or you both should have signed a spousal support agreement.

In case of presence of spousal support agreement you are very likely to get your support, but in another way a lot of factors should be taken into account. Some of these factors are: the duration of your relationship and the time of your separation, the ability of the partner seeking spousal maintenance to support themselves.

To clarify all the issues of this process (without the difference, if you have or have not signed spousal support agreement) it is highly advised to consult with a lawyer.

5. Ex-partner will not pay spousal support

If you have a spousal support agreement and you partner refuses to pay you can go to court without any doubts. If you do not have one but still want to get support you have the right to apply to the court. The best way to apply for the payments is to consult the lawyer and make any steps only after the consultation, because the process and even the place where you have to apply for spousal support (if you do not have spousal support agreement) will depend on where you live, and also where your partner lives, and the status of your relationship: divorced, not living together, separated but living together, or the combination of these options.

Some information on spousal support arrangements was taken from www.frodislaw.ca website.

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