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Spousal Support

The Divorce Act sets out four factors which will assist in determining whether a spouse is eligible for spousal support.  These factors are:

  • Economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;
  • Any financial consequences arising from the care of any child of the marriage;
  • Relieve any economic hardship of the spouses arising from the breakdown of the marriage; and
  • Promote the self sufficiency of each spouse within a reasonable period of time

The Family Law Act, 2005 allow non-married spouses and adults who are in an interdependent relationship (as defined in the Adult Interdependent Relations Act, 2003) to apply for spousal support. The law requires that common law/adult interdependent relationship spouses who have no children must have lived together for 3 years continuously to be eligible to apply for spousal support. Where a child has been born to common law/adult interdependent relationship spouses, a common law/adult interdependent relationship spouse may apply for spousal support.

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