Spousal/Common Law Support

Married and common law couples have a duty to support each other financially. Upon separation the spouse with a higher income may be required to pay support to the other spouse either by way of a one time lump sum payment or by monthly payments that may be for a fixed period of time or for an indefinite period of time. There is an onus upon the spouse receiving support to make reasonable efforts to become self sufficient if possible. The longer the relationship before separation, the more likely it is that support will be payable, and for a longer period of time.

There are many factors to consider in determining whether spousal support is payable including the following:

- length of time parties cohabited;
- functions performed by each party during cohabitation;
- any order, agreement or arrangement relating to support;
- ability to pay;
- ability of a spouse to become financially independent;
- financial needs of each party

Common law parties are liable to pay support where the parties have resided together in a common law relationship for at least three years or where the parties have had a child together and have resided together for a period of at least one year. The considerations in determining whether support is payable, how much support is payable and for what length of time are similar for common law couples and for married couples. The applicable law relating to support questions is the Divorce Act for married couples and The Family Maintenance Act for common law couples.

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