Spousal support, formerly known as alimony, is not automatically given in every divorce or relationship breakdown.
At law, spousal support is not a right, spousal support is only required in certain circumstances. Spousal support may be denied if the recipient spouse achieves self-sufficiency through employment or other means. For example, if the requesting spouse has secured a stable job the court can determine that support is no longer necessary. If spousal support is ordered, the higher-income spouse (payor) will make payment to the lower-income (payee).
No Entitlement
The person seeking spousal support must prove that they meet the legal threshold of “entitlement” prior to any spousal support being paid. The types of entitlement are detailed here on our spousal support page.
For example, if someone is saying “I sacrificed everything for you so you could go to work!”, but that’s not true, then compensatory entitlement would be denied. If the person merely stayed at home and chose not to work, that doesn’t connect the dots to a sacrifice that enabled their partner to work.
No Quantum
Even if the person seeking spousal support can prove that they are entitled to spousal support and should be receiving something, if the incomes of the payor (person who should be paying spousal support) and the recipient are too close, then there may actually not be an amount of spousal support that could be paid.
This also arises in circumstances where the payor is also paying the recipient child support. Child support takes precedence over spousal support in terms of payment, so if a person entitled to spousal support is receiving child support, it is possible that the amounts they are receiving for child support result in a calculation on the spousal support front that is $0.00.
Duration of the Separation Period
If a person has waited a long time to pursue spousal support, courts have interpreted this as a person having achieved self-sufficiency. By extension, if a person is now claiming spousal support, the reasons are less likely to be tied to the relationship and therefore there is no obligation for the former partner to pay support.
Every relationship is unique, and the financial circumstances of both parties are taken into account. Individuals who have been separated for an extended period without financial support might find it challenging to secure spousal support.
Cohabitation Agreements
Cohabitation agreements outline the financial obligations of each partner in the event of a separation. These agreements can have a significant impact on spousal support decisions. If a cohabitation or prenuptial agreement specifies that neither party will seek spousal support, the court honours this agreement unless it is deemed unfair or unjust.
Receiving independent legal advice when drafting cohabitation agreements ensures that both parties understand their rights and obligations. These agreements can prevent lengthy legal disputes and provide clarity on financial support matters.
Re-partnering and New Relationships
Entering into a new relationship or re-partnering can influence the court’s decision on spousal support. If the recipient of spousal support begins a new common-law relationship or marries a partner with a higher income, the court may decide to reduce or deny spousal support.
Courts assess the financial stability provided by the new relationship. Financial support from a new partner can play a crucial role in determining whether continued spousal support is necessary.
Frequently Asked Questions
Under what conditions might a court reject a claim for spousal support?
A court may deny spousal support if both spouses have similar incomes and financial resources. Another factor is if the marriage or common-law relationship was very short, especially if there was no significant financial dependency.
How does the existence of a prenuptial agreement influence spousal support obligations?
A prenuptial agreement can outline the terms of spousal support and may limit or even eliminate the need for support. Courts generally respect these agreements unless they are found to be unfair or improperly executed.
Is it possible for spousal support to be waived by mutual agreement in a legal separation?
Yes, both parties can mutually agree to waive spousal support during a legal separation. This agreement must be clearly documented and is typically respected by the courts unless it’s shown to be unjust.
