Spousal/Partner Support .
How Is Spousal Support Determined?
The issue of spousal support generally involves two separate questions: entitlement and amount.
1. Is a Spouse Entitled to Spousal Support?
The first question is whether a spouse is “entitled” to receive spousal support. Spousal support is not automatic simply because one spouse earns more than the other.
“Entitlement” depends on the individual circumstances of the relationship. One common example is where a spouse sacrificed or limited their career to care for the children, while the other spouse was able to continue working and advance their career.
Other circumstances can also give rise to an entitlement to spousal support, so each situation must be considered individually.
2. How Much Spousal Support Should Be Paid?
If “entitlement” is established, the next step is to determine the appropriate amount and duration of spousal support.
The Spousal Support Advisory Guidelines are commonly used as a starting point. They consider factors such as the spouses’ incomes, the length of the relationship, whether there are children, and the ages of the spouses.
For an initial estimate, the My Support Calculator spousal support calculator can provide a useful starting point.
The calculator is only an estimate. The appropriate amount and duration of spousal support will ultimately depend on the circumstances of the particular family.
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