Family Law / Divorce Library

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Spousal Support:
Duration, or how long Spousal Support is Paid

Duration, or how long Spousal Support is Paid

A difference in income doesn't automatically result in spousal/partner support, first the recipient must prove Entitlement.

Similar to Calculating support, the duration of spousal support or partner support is in the discretion of the judge, taking into account the factors discussed in Spousal Support and Partner Support Basics.

However, the Spousal Support Advisory Guidelines (SSAG), while not law, are a useful starting point.

SSAG's recommended starting point is that spousal support or partner support be paid for the longer (lower and upper end) of the following:

  1. Length-of-marriage test: 0.5 to 1 years of support for each year of cohabitation.

  2. Age-of-children test: from when the youngest child starts school full-time, to when the youngest child finishes high school.

  3. The duration is indefinite where either:

    1. Spouses cohabitated for 20 years or longer; or

    2. For cohabitation of 5 years or longer, where the years of cohabitation plus the age of the recipient at separation added together total 65 or more (the rule of 65)

Indefinite support doesn't mean that the same amount will continue to be paid forever. The amount can be varied when there are sufficient circumstances, such as on retirement.



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You're Viewing:

Spousal Support:
Duration, or how long Spousal Support is Paid

Authors

Content by Ken Proudman of BARR LLP (Edmonton)

Last updated on November 11, 2022

Last complete review of all content on this page on November 12, 2022

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