Spousal support involves one spouse paying the other either due to a court order or a separation agreement. It is tax deductible for the payor, and taxable for the recipient.
The purpose of spousal support is to ensure that both parties can meet their financial needs. One spouse spouse may need to prove they were “dependent” on their spouse during the marriage. Spousal support is not dependent on gender and can be awarded to either spouse.
Spousal support is not included in all divorces. It is often temporary. For example, it may be awarded on an interim basis during the proceedings. Sometimes, spousal support is awarded as part of the divorce judgement, but it is usually for a set amount of time. However, there are some situations where it is permanent and lasts for the rest of the recipient’s life. The Spousal Support Advisory Guidelines are a key component of the federal laws governing spousal support in terms of calculation and duration. The longer the marriage, the longer support is payable. On the other hand, the law in this area often emphasizes the need for former spouses to achieve economic independence from each other.
Note: The information in this blog is not legal advice. Consult a lawyer for advice for your situation.