Spousal support — also called alimony — is financial support paid by one spouse to another after separation. Unlike child support, spousal support is not automatic and involves significant discretion.
When is Spousal Support Payable?
A spouse may be entitled to support if there's an "entitlement" established through one of three grounds:
- Compensatory: One spouse sacrificed career opportunities (e.g., staying home with children or relocating for the other's career)
- Non-compensatory: One spouse has significant economic need after the relationship ends
- Contractual: A separation agreement or marriage contract provides for support
How Much Support?
The Spousal Support Advisory Guidelines (SSAG) provide ranges for calculating support amounts based on incomes and length of relationship. They're advisory, not mandatory, but courts use them extensively.
For a recipient earning $40,000 and a payor earning $120,000 (difference of $80,000), after 15 years together, monthly support might range from $2,200-$3,300.
How Long Does Support Last?
- Marriages under 5 years with no children: typically half the length of the relationship
- Marriages 5-20 years: roughly 1 year of support per year of marriage
- Long marriages (20+ years) or marriages over 5 years where the recipient is over 50: potentially indefinite support
Changing Support
Support can be varied if there's a material change in circumstances — a significant income change, the recipient becoming self-sufficient, or the payor retiring.