Spousal, or partner support as it is known for unmarried couples, is money paid by one spouse to the other for financial support. Entitlement to spousal/partner support is not automatic and must be established by the party seeking support. The Court will take into account the “condition, means, needs and other circumstances,” including consideration of the following:

• Length of the marriage/cohabitation;
• Functions performed by each party during the marriage or cohabitation;
• Economic circumstances (including negative) arising from the marriage/relationship or its breakdown;
• Any other sources of support;
• The ability and/or capacity of each spouse to be self-sufficient.

Typically, the payor may deduct spousal/partner support from his/her income and the recipient must declare the same as taxable income. Spousal/partner support can be paid in a one-time lump sum or periodically (typically monthly), or in a combination of the two.

Once entitlement has been established, the Spousal Support Advisory Guidelines provide a mathematical formula for the range of Court outcomes for the quantum and duration of spousal/partner support. Courts may rely on these guidelines when determining an appropriate support award, but judges have great discretion, and the analysis is highly fact specific.

Once awarded, spousal/partner support may be varied in the future if the party seeking the variation can establish a significant change in circumstances.