Spousal Support: Freeston Family Law

The law in this area is based largely on judicial discretion and is uncertain, confusing, and controversial.

Any spousal support which is paid as a result of a Court Order or a written agreement is tax deductible for the payor and taxable income for the recipient. 

Many factors will be taken into consideration by the Court to determine whether to make an Order for Spousal Support, including:​

a)      Any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;

b)      Any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;

c)      Any economic hardship of the spouses arising from the breakdown of the marriage; and

d)     Promoting the economic self-sufficiency of each spouse within a reasonable period of time. 

It is also possible for non-married couples and adult interdependent partners to apply for partner support under the Family Law Act.  The relevant factors used by the Court when making such an Order are similar, but not identical, to those used under the Divorce Act.