If you have separated from your spouse, you might have already considered and discussed the basics: where your kids will live and go to school and who gets what property. What you may or not have considered is whether you might be entitled to spousal support, or are obligated to pay it. 

Unlike child support, spousal support is not automatic.  The first step is determining whether someone is entitled to spousal support.  That entitlement can come from a contract (where you and your spouse agreed to provide support to the other), but more commonly it comes from what is called a “non-compensatory” or “compensatory” support.  Non-compensatory basically means that one spouse has a need for support due to their income being lower than the other spouses, and the other spouse as the ability to pay support due to their income being higher.  This type of support is typically shorter in duration and is put in place to transition the party in need of support out of the relationship.  Compensatory support is as it sounds, the idea is to compensate a spouse who has given up something to benefit the income earning capabilities of the other, for example, one spouse left their employment to facilitate the other spouse’s career.  This type of support can be in place for a longer period of time and is not necessarily displaced based on the income of the receiving party. 

If entitlement to spousal support exists, the next questions are: how much should be paid and for how long?  This calculation can take into account a number of factors, but it mainly considers each parties’ income (or income earning capabilities), the length of time they lived together as spouses and any child support obligations. This is something a lawyer can assist you in determining.

If you have questions about spousal support, please contact our family law team at www.mckercher.ca/familylawsask.