FAQs on Spousal Support

This article discusses frequently asked questions in relation to spousal support and the spousal support amounts and payments. 


 
Spousal support is governed by the rules for married couples who divorce that are set out in the federal Divorce Act. Spousal support is most likely to be awarded when there is a large different between spouses’ income after they separate, however, this is not the only factor. Judges are guided by the Spousal Support Advisory Guidelines. While there are a number of factors that affect the determining of spousal support, there are also a number of questions that arise in respect of the awarding of spousal support. Some of these questions are 

1. How long spousal support ought to be paid for?
2. Is spousal support tax deductible?
3. Are there different types of spousal support?
4. How much do I pay?

This article will address some of these questions. 
 
Question 1: How long is spousal support to be paid for?
In respect of relationships that have been existing for longer terms and those spouses with children there generally is no time limit to spousal support payments. However, it does not mean that you will be paying spousal support forever nor does it mean that you will be receiving spousal support forever. It basically means that the court does not want to predict the future however, if you or spouse’s financial situation changes materially the amount to be paid changes as well. For example, if you retire you can go back to the court to end spousal support or to change the amount being paid. 

In respect of shorter relationships and/or where there are no children or in particular when the couple is young, spousal support is given a time limit. A spousal support order called a review order is awarded; this review order is where the court will say that the amount of spousal support can be reviewed after a specific number of years. This allows you to go back to court to modify your spousal support order without having to show that you or your spouse’s financial situation have changed. However, the review does not guarantee the spousal support modification, it simply allows the court to look at the spousal support situation again. Review orders are common when one spouse is not working especially after some training or education. 
 
Question 2: Is spousal support tax deductible?
The short answer is yes. Spousal support is an income therefore, it is taxed from the person paying and from the person receiving it. 
 
Question 3: Are there different types of spousal support?
There are two types of spousal support;
1.Temporary or interim spousal support – this is awarded after separation but before divorce, this amount is to take the spouses up to the divorce.
2.Permanent spousal support – this is granted upon divorce and is made final by a more detailed analysis made to determine the final amount. 
However, temporary or interim spousal support has a great effect or bearing on the permanent spousal support amount and maybe the same amount. 
 
For more information regarding a simple divorce in Ontario Canada, contact a family law firm. 
 
To get separation agreement on Ontario, the author recommends the Bluetown Law firm.