Let’s face it! When the music ends, when the path bifurcates and when your marital relationship fails to give you any pleasure then it’s indeed the time to say good-bye. However there is much more to the process of divorce than just those seven-letters. Getting divorced in Canada is an important legal process and one of the primary aspects to consider is spousal support, sometimes known as ‘alimony’, which is basically the payment term carried by one spouse to his former partner.
There are several reasons for paying the spousal support. Not only does it cover the financial loss resulting from separation but it also addresses the financial requirements which could arise while taking care of the child. Spousal support is very helpful and is a fantastic legal help to assist the spouse during the economic adversities that may arise, and to promote self-reliance for each spouse. However, it must be noted that spousal support is not child support, which is a different form of financial obligation the divorced partner may be required to handle specifically for the child.
Divorce does not automatically entitle you to spousal support. There is no assurance to spousal support while getting divorced in Canada and the entire process is purely case specific. For instance, details such as how much spousal support should be given or for what duration it will be paid, etc. are decided based on facts and circumstances of a particular case. There are no set precedents. Therefore, what one person gets as spousal support, may not be necessarily be same as what another person may get. Generally, a self-sufficient person is not entitled to receive any sort of spousal support, according to the Canadian divorce law.
The court will consider several things before making any decision about spousal support for a spouse getting divorced in Canada. The major aspects that are counted while determining the spousal support are things like the difference in income, the time period the partners are married for, whether they have a child, and the whether the receiving partner will face any grave financial difficulties.
Once the applicant establishes her qualification for entitlement to the spousal support, the next step is to decide the amount of spousal support to be paid. Generally, the spousal support amount is estimated based on the income of the paying partner and on the demands, if any of the receiver. Once the spousal support amount is established, the next thing to decide is whether the payment will be in a lump sum or would it be paid in monthly installments, and for how long should the spousal support be paid. Just because the spouse is eligible for receiving spousal support of say $1700 per month does not entitle her to receive the same for the rest of her life! Law for getting divorced in Canada also sketches out the various issues to estimate the length of time a spouse is should be eligible for receiving spousal support.
Generally in situations where the former partners have been married for a long term, a permanent spousal support is paid. In the case of relationships that last for only a while and if the recipient works outside the home or at least is capable of working, the alimony is paid for a brief and fixed period of time. Law for getting divorced in Canada is faultlessly crafted where every details of spousal support is thoughtfully dealt with. So you need to do your leg work well before thinking of spousal support.
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