Spousal or partner support is money paid by one spouse/partner, called the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent., to the other spouse/partner, called the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent., to financially support the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. after the relationship ends.
Not all spouses or partners should pay or receive spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support.. Eligibility for support, and the amount and length of support, depend on the situation.
On this page, “spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support.” refers to both spousal and partner support, and “partner” refers to an adult interdependent partner.
Need to know
- Spousal support is only for couples who are divorced or are married but separated.
- Partner support is only for couples who were in an adult interdependent relationship.
- Eligibility for spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support., and the amount and length of support, depends on the circumstances of each relationship.
- The Spousal Support Advisory Guidelines (SAAG) are not law, but lawyers and courts use them to help calculate spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. payments.
What is spousal/partner support
Spousal support is money paid by one spouse (the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.) to the other spouse (the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent.) after a separation or divorce.
Partner support is money paid by one adult interdependent partner (the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.) to the other partner (the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent.) after a separation. Partner support only applies to adult interdependent relationships, not to all unmarried couples who were in a relationship.
The goals of spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. are to:
- make sure neither spouse/partner has an economic advantage or disadvantage from the relationship or because the relationship ended
- divide up the costscosts Money the more successful party in a court proceeding can ask the justice to order the less successful party to pay. Costs reimburse the more successful party for having to go through the court process to get a resolution. of caring for the children over and above child support
- lessen financial hardship on a spouse/partner because of the relationship ending
- encourage spouses/partners to work towards supporting themselves
Spousal/partner support can be a monthly payment, an annual payment, a one-time payment, etc. The spouses/partners or the court can decide what payment structure is most appropriate for the situation.
Spousal or partner support is not related to child support or dividing property. However, the amount of spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. a payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. owes is calculated differently if they also owe child support.
Types of spousal/partner support
There are three types of spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support.. A recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. can be eligible for more than one type of spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. at a time.
Compensatory spousal/partner support
These support payments repay the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. for their unrewarded roles or contributions during the relationship. Often the working spouse/partner pays this support to a stay-at-home parent. It recognizes how the stay-at-home parent gave up their career and financial independence to care for the family.
Non-compensatory spousal/partner support
These support payments help the lower earner become financially independent over time. It increases their income while they better their career or finances.
Contractual spousal/partner support
These support payments are set out in an agreement between the spouses/partners. Examples of contracts that could address spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. include a prenuptial agreement, post-nuptial agreementpost-nuptial agreement An agreement signed by a married couple who plan to separate. It says how they will divide their property, who will pay support, and the parenting plan and decision-making authority for their children., cohabitation agreement, separation agreement or consent order.
Did you know?
Other countries use the word “alimonyalimony A commonly used term for payments from one spouse to another after a separation or divorce. In Canada, the correct term is “spousal support”. Learn more on the Rules about spousal and partner support page.” to describe payments from one spouse to another after a separation. In Canada, the correct term is spousal support.
Who is eligible to receive spousal/partner support
A spouse/partner is eligible for support if they have an agreement that says they should receive spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. or if their situation justifies it.
You and the other person can agree on spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support., including whether one person is eligible and, if so, the amount of support the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. will receive. Before you separate, you can include this in a prenuptial agreement, post-nuptial agreementpost-nuptial agreement An agreement signed by a married couple who plan to separate. It says how they will divide their property, who will pay support, and the parenting plan and decision-making authority for their children. or cohabitation agreement. After you separate, you can include the spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. amount in a separation agreement or consent order.
If you and the other person cannot agree on whether one person is eligible to receive support and how much they should receive, one of you can ask the court to make a spousal/partner support order.
The law considers several factors when deciding whether a spouse/partner is eligible for spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support..
Canada’s Divorce Act says spousal support depends on:
- the conditions, means, needs and other circumstances of each spouse
- how long the spouses lived together, including before the marriage
- the role of each spouse while they lived together
- any order, agreement or arrangement about spousal support
Alberta’ Family Law Act says partner support depends on:
- the conditions, means, needs and other circumstances of each partner
- how long the partners lived together
- the role of each partner while they lived together
- any order, agreement or arrangement about partner support
- whether a partner has a legal obligation to support another person, such as a child
- if the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. lives with someone else, how much that person contributes to their household expenses, which increases the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.’s ability to pay support
- if the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. lives with someone else, how much that person contributes to their household expenses, which decreases the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent.’s financial need
Examples of spouses/partners who may be eligible recipients of spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. include:
- a stay-at-home parent
- the spouse/partner who made a lot less money than the other and relied on the other for financial stability
- a spouse/partner with a disability or injury who cannot work now or in the future
Examples of spouses/partners who are not likely eligible recipients of spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. include:
- the spouse/partner who made more money during and after the relationship
- the spouse/partner who used their income to support the other spouse/partner, who cannot work due to injury or disability
- for very short relationships, both spouses/partners who worked during the relationship and earned similar incomes
Myth busters
Some people believe their ex should pay them spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. as a penalty for causing the separation.
This is not true. Spousal/partner support does not punish a spouse/partner for bad behaviour or reward a spouse/partner for good behaviour.
When spousal/partner support starts and stops
Start spousal/partner support
A spouse/partner’s obligation to pay spouse/partner support starts as soon as the spouses/partners separate.
Stop spousal/partner support
Some people think spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. goes on forever. This is not true.
How long you pay or receive spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. depends on your situation. An agreement or order about spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. should say when support ends.
The Spousal Support Advisory Guidelines also offer help in deciding how long the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. should pay spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support.. For example:
- When there are no children, support should continue for six months to one year for each year the spouses/partners lived together.
- Support may be long-term if the spouses/partners lived together for more than 20 years or if the total of the number of years they lived together plus the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent.’s age is more than 65.
- When there are children, use the same guidelines as above. For shorter relationships, support may end when the youngest child starts or finishes school.
Usually, spousal/partner ends in one of four ways:
- On a set date or event: For example, if the children are not yet in school, the agreement or order might say support ends once the children are in school full-time.
- Reviewed after a set date: For example, if one partner is going back to school to get a better job so they can support themselves, the agreement or order may direct the partners or the court to review the order once the classes end.
- No end date: This does not mean the support continues forever. If either person’s situation changes, the spouses/partners can agree or apply to court to change the amount of support. For example, if a payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. loses their job or retires, this may change their ability to pay support.
- Staggered over time: The support amount decreases over time and eventually ends. This method works well when the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. will become self-sufficient over time.
What is retroactive spousal/partner support
Retroactive spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. is back pay of support to correct the non-payment, underpayment or overpayment of spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. in the past. This can happen when there is no agreement or order about spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support., or when the agreement or order includes an incorrect amount of support.
Example
Person A and Person B separated three years ago, and Person B moved out of the family home. They were together for 20 years. During that time, Person A stayed home to raise their children while Person B worked to support the family financially.
At the time of the separation, Person B was not working. Person A recently learned that Person B got a new job two years ago that pays $80,000 gross incomegross income Income before taxes are deducted. per year. Person A makes $40,000 gross incomegross income Income before taxes are deducted. per year but cannot support themselves while also trying to upgrade their skills.
Person A asks the court for a retroactive spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. order for support that Person B should have paid since they started their new job. The court will first decide whether Person A is eligible to receive spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. before deciding on retroactive support.
A payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. may be not paying spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. even though they have a legal obligation to do so. This can happen when the spouses/partners separate but do not have an agreement or order about spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support..
If the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. is eligible for spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support., they can ask for retroactive spousal/partner support from the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. equal to what the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. should have been paying for the previous years based on the circumstances in those years.
A payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. may be underpaying spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. if their agreement or order lists an amount of support lower than the amount the law says they should pay for their situation.
This can happen when the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.’s gross incomegross income Income before taxes are deducted. has increased or the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent.’s gross incomegross income Income before taxes are deducted. has decreased. The payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. may be paying too little if the spouses/partners have not shared their financial information with each other or have not recalculated support to reflect their changing incomes.
Either the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. or recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. can ask for retroactive spousal/partner support equal to the difference between what the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. should have been paying for the previous years and what the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. actually paid during that time.
A payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. may be overpaying spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. if their agreement or order lists an amount of support higher than the amount the law says they should pay for their situation.
This can happen when the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.’s gross incomegross income Income before taxes are deducted. has decreased or the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent.’s gross incomegross income Income before taxes are deducted. has increased. The payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. may be paying too much if the spouses/partners have not shared their financial information with each other or have not recalculated support to reflect this change.
Either the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. or recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. can ask for retroactive spousal/partner support equal to the difference between what the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. actually paid in the previous years and what they should have been paying in those years.
What is blameworthy conduct
Blameworthy conduct is a payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. intentionally doing something so they do not have to pay any or the right amount of spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support..
To help prove blameworthy conduct, keep records about:
- each time you asked for spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. and what the other person’s response was
- any time you felt the other person threatened you to stop you from going to court. This might include previous emergency protection orders, or text messages or emails with threatening or intimidating content that scared you.
- any time the other person acknowledged they owe spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support.
Hiding gross incomegross income Income before taxes are deducted. or increases in gross incomegross income Income before taxes are deducted. from the other person to avoid paying any or the right amount of spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. is not okay. Spouses/partners must share financial information with each other, usually every year until support ends.
Example
Person A made $90,000 at the date of separation. Person B was a stay-at-home parent during the relationship and has no training or career to go back to after separation. Person A refuses to share financial information with Person B.
Any intimidating or threatening behaviour is not okay. A recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. has the right to go to court to enforce a payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.’s legal obligation to pay spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support.. If you are experiencing family violence, get help immediately.
Example
Person A abused Person B during their relationship. Person A threatens to drag out the court process so that Person B will run out of money to pay a lawyer to help them. Person A also threatens to harm Person B if Person B asks for spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support..
It is not okay for the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. to mislead the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. into believing they are meeting their spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. obligations when they are not. The law says how much spousal/support a recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent. is entitled to receive.
Example
Person A and Person B both worked during the relationship. Person B’s gross incomegross income Income before taxes are deducted. is three times higher than Person A’s gross incomegross income Income before taxes are deducted.. Person B convinces Person A they are not eligible for spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. because they both worked at the end of the relationship.
Take action
Calculate spousal or partner support
Steps for calculating spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support..
Share financial information to collect or pay support
How to share information for child or spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support..
Collect spousal or partner support
Ways to collect on-time, overdue and retroactive support.
Pay spousal or partner support
Ways to pay on-time, overdue and retroactive support.