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Separation & Divorce

Spousal Support

If your relationship ends, you may need to consider whether you or your spouse are in need of spousal support. Spousal support may be owed whether you were married or in a common law relationship. Spousal support is often the most complicated and contentious issue to be resolved when couples separate. Our firm specializes in family law so we will make sure all applicable facts and circumstances are considered and that you are fully informed on the current law relating to spousal support before any support decisions are made.

Spousal Support Advisory Guidelines (SSAG)

The first step to take when looking at the issue of spousal support is to determine whether or not you or your spouse are entitled to support, under the Spousal Support Advisory Guidelines (SSAG). Support entitlement depends on a number of factors, including the length of your relationship, your incomes and whether you have any children. If it is clear that you or your spouse are entitled to spousal support, the second step is to determine how much support should be paid, and for how long. Several factors will be considered at this step which can include some or all of the following:

  • The length of your marriage or relationship
  • The roles played by each of you throughout your relationship
  • Your age and your spouse’s age at the time of separation
  • The ability of the spouse who owes the support to pay it
  • The income of the paying spouse
  • The needs of the recipient spouse
  • The number and age of your children
  • The ability of the spouse who is entitled to the support to become self-supporting
  • The standard of living you and your spouse enjoyed during the marriage

Every relationship is different, so we will talk with you about your situation and let you know whether you or your spouse would be entitled to spousal support based on the circumstances of your relationship. We will also let you know what to expect in terms of amount and duration of support payable.

At Morgan and Phillips LLP, we have more than 50 years of experience in dealing with spousal support issues. We can advise you about how much spousal support you could reasonably expect to pay or receive and for how long, based on the circumstances of your relationship.  We will advocate on your behalf for the most favourable spousal support settlement possible.