Spousal Support and Maintenance
Core concepts
Spousal support under the Divorce Act or provincial statutes requires an entitlement basis: compensatory (economic disadvantage from the relationship or its breakdown), non-compensatory/needs-based, or contractual. Once entitlement is established, the court considers the Spousal Support Advisory Guidelines (SSAG) as a discretionary tool, the length of the relationship, roles during marriage, ages, health, and self-sufficiency. Understand interim versus final support, review and variation, and the effect of a domestic contract. Support may be time-limited or indefinite, and may be reduced or terminated on retirement or re-partnering, depending on the order.
Traps in questions
- Jumping to SSAG ranges without first establishing entitlement.
- Treating the SSAG as legally binding rather than advisory.
- Ignoring compensatory disadvantage where one spouse sacrificed a career.
- Assuming remarriage automatically ends support.
- Overlooking variation where there is a material change in circumstances.
Rule of thumb
Entitlement first, then quantum and duration. Use SSAG as a check, not a substitute for analysis.
Worked example
A 20-year marriage where one spouse left the workforce to raise children and the other earns $180,000. Entitlement is likely compensatory and non-compensatory. SSAG suggests a range and possible indefinite duration; the court then weighs the recipient's age, health, and self-sufficiency prospects before fixing the amount.