Spousal Support
When two people end their relationship, one person may send money to the other to help provide for them. These payments are called spousal support. Sometimes it is called alimony or maintenance.
If your relationship has ended, either you or your ex-spouse may have an obligation to pay spousal support to the other. This isn’t always the case. Spousal support is only legally required in certain circumstances.
You can arrange for spousal support payments either by creating an agreement with your ex-spouse or by applying to the court for an order if you can’t agree. This is true for both married and common-law spouses.
You may request a court order for spousal support after your relationship ends if you depended on your partner financially and are now unable to support yourself.
In New Brunswick, a court can only consider granting you spousal support from a common law partner if you and your ex-spouse also:
- Lived together for at least three years,
or
- Lived together and had a child together.
Spousal support is not an automatic obligation like child support is. An ex-spouse who can work and earn income is expected to do so. Before ordering your ex-spouse to pay you spousal support, a court will consider things like:
- Whether you were financially dependent on your ex-spouse
- Your current financial need
- How long you and your ex-spouse lived together
- How long it might take you to support yourself financially now that you are separated
The amount of spousal support you receive depends on your needs and how much your partner can pay. The court will consider:
- how long you lived together
- your ages and states of health
- your employment histories
- your ability to financially support yourself
- whether you are at home caring for a child
- any contribution you made to help your partner pursue their career (for example, housekeeping and childcare)
Except in rare cases, the court sees spousal support as a temporary measure. Generally, the court expects a dependent former partner to become self-sufficient after a reasonable period of time.
Justice Canada has released a set of guidelines called the Spousal Support Advisory Guidelines (SSAG) to help estimate spousal support. The SSAG include formulas for estimating spousal support including the factors listed above. The SSAG are a helpful tool, but unlike the Child Support Advisory Guidelines, they are not mandatory rules.
You can speak with a lawyer to find out whether you might be entitled to spousal support. A lawyer can also help estimate the amount of support you might get.
In New Brunswick, the Office of Support Enforcement (OSE) is responsible for making sure that people make their child or spousal support payments. The OSE can take steps if support payments are late or incomplete.
You can file any court order for support with the OSE. You can file a support agreement with the OSE if it meets certain requirements. You can find out more about those requirements and other support enforcement rules here.
Some agreements or court orders may not include an end date for the spousal support payments. Others may say that the payments will continue for a specific period, for example two years.
You can both agree to change your spousal support payments if you both believe it is fair. When you agree, it is a good idea to get legal advice and put the new agreement in writing.
When you don’t agree, either spouse can apply to the court to vary or end the payments. A court can change the spousal support payments if circumstances have changed. A change in circumstances may include a significant change in either the payer or the recipient’s financial situation.
When you consistently pay spousal support according to a court order or an agreement filed with the court, you may be able to claim the payments as tax deductions. Lump sum payments are not tax deductible.
When you receive spousal support, it is considered taxable income.
When your court order or agreement includes both child and spousal support, only the spousal support is taxable income. You will have to find out how much of the payments are for spousal support so you can follow the income and deduction rules for spousal support.
The CRA has more information about income tax rules and spousal support.