Trying to determine whether or not you, or your spouse is entitled to spousal support upon separation can be confusing. That is because spousal support is a complicated subject that takes many different factors into account, so the answer may be very different depending on your circumstances.

Spousal Support Factors

Some of the factors that the court will look at to determine, whether or not someone is entitled to support payments, how much, and for how long:

• The length of time you cohabitated.

• The roles you played in the household. (Who did what when it comes to taking care of the home and children.)

•  Any agreements between the parties, such as a marriage contract, court order, or separation agreement, that addresses the issue of spousal support.

•  The needs of the spouses. These “needs” must be reasonable.

•  Disability of one of the spouses.

• The likelihood or ability of the spouse who would be entitled to support to become self-sufficient in the future.

• The property belonging to each of the spouses.

• Contributions that one party made to the advancement of the other spouse’s career or education, such as helping to pay tuition for your spouse, or if you made career decisions such as moving, or taking the lion’s share of parenting responsibilities in order to allow your spouse to advance in their field.
  

One important thing to note is that the court does not consider “misconduct” of one of the spouses when deciding on the issue of spousal support.

Who Qualifies for Spousal Support in Nova Scotia?

Spousal support is also not just for legally married couples. Common law couples who have been in long term relationships may also have to address spousal support.

It is always a good idea to speak to a family lawyer when you separate from your spouse to ensure that you are aware of your rights and obligations when separating from your partner.

For more information about spousal support you can visit the Spousal Support Advisory Guidelines, or Family Law Nova Scotia.

Have questions for us?:

If you have any questions about Spousal Support you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $500+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.  

By: Briana C. O'Grady, J.D. Associate Lawyer

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers