If you're planning to request alimony, or you think that your spouse might ask for it, you'll want to understand what alimony is and how judges decide to award it before you divorce. Many states define "alimony" as a court-ordered payment made by one ex-spouse to the other. Courts can also award temporary spousal support while a divorce is pending. Judges award alimony in to try to equalize the financial resources of a divorcing couple.
When deciding whether to award alimony, a judge will consider whether one spouse has a demonstrated financial need and if the other spouse has the ability to pay. Judges usually award alimony in cases where the spouses have unequal earning power and have been married a long time. For example, a judge isn't likely to award alimony if the couple has been married for only a year.
In fact, some state laws allow alimony awards only when the couple has been married for a certain amount of time. Although judges have to follow state law in deciding whether alimony is appropriate, they usually have a lot of discretion in deciding when and how someone has to pay it. An alimony award can be temporary —to support a spouse only while the divorce is pending—or a permanent award that's part of a divorce decree.
In general, lump-sum alimony awards and alimony in the form of a property transfer are non-modifiable, meaning they can't be changed later and can't be terminated or undone. Periodic alimony payments may be changed when there's a significant change in one or both of the spouses' circumstances. Periodic alimony awards are the most common and require one spouse to pay a certain amount to the other the "supported" or "dependent" spouse each month.
A periodic or monthly alimony award will end on a date set by the judge, or when one of the following events occurs:. As with most issues in your divorce, you and your spouse can negotiate and reach an agreement about the amount of alimony and length of time it'll be paid.
If you can't agree, you'll need to file a formal motion request asking a court to decide alimony. The court will schedule a hearing where both sides will be able to present their positions regarding alimony. After considering the arguments and evidence presented at the hearing, the judge will issue an order. One of the downsides of asking the court to decide is that if you're represented by an attorney , the expense of going through a hearing can be significant.
Even if you're not represented by an attorney, you will have to spend a lot of time gathering evidence such as financial documents and preparing for the hearing. Every state has its own guidelines on what judges should consider when deciding whether to award alimony.
The duration of support will be based on the facts of the case, such as the length of time the spouses lived together, or their ages at the time of separation.
In some cases, spousal support may only be paid for a limited amount of time. In other cases, spousal support may continue unless there is a change in circumstances and the court makes a different order or the agreement is updated to reflect the change. If you are paying spousal support that is set out in a written agreement or in a court order, you must continue to pay unless:. A court may only change a spousal support order when justified by an important change in the circumstances of either spouse.
For example, if the support payor loses his or her job after the support order was made and he or she can no longer pay the amount that was ordered, a court may then decide that the support order should be changed. If you and your former spouse have a spousal support agreement, and either of you experiences a change in your circumstances, you may wish to change your agreement to reflect your new situation.
However, both you and your former spouse will need to consent to any proposed changes to your agreement before they can take effect. If your order or agreement clearly states that spousal support is to end on a particular date or on the happening of a certain event, then payment of support can stop at that point.
For example, if your order or agreement specifically provides that spousal support is to end on December 1st of the year , then your spousal support obligation would end at that time. Learn more about the free information about divorce and separation available from Justice Canada in this short video , or visit our website: Canada. Disclaimer: This is not a legal text and does not provide legal advice. As family law can be complex, it is usually best for individuals to get advice about their situation from a family law lawyer.
These lawyers are in the best position to give legal advice about rights and obligations. Most of the provincial and territorial bar associations offer Lawyer Referral Services. Some lawyers may give an initial consultation for free or at a reduced rate, or individuals may decide to consult a lawyer just a few times to help with certain aspects of their specific situation. You will not receive a reply. For enquiries, please contact us. If you want to change the agreement or order, first talk to your spouse or their lawyer about what change you'd like.
If you have a spousal support agreement , you can apply to court to set aside cancel part of it or replace it with a court order if one spouse:. You can also apply to change the agreement if you think it isn't fair the court calls this significantly unfair. Here are some things the court will think about to decide if the agreement's significantly unfair:.
It's hard to get a court to set aside an agreement based on arguments that it's significantly unfair. If you have a spousal support order , you can apply to have it changed if certain things change for you or your spouse the court calls this a change in the condition, means, need or other circumstances of either spouse. For example:. If one of you gets a pay raise or pay cut, the court can backdate the payment change.
This means the change starts from the date of the pay raise or pay cut. One of you will have to pay the other the difference. See When can you change a final order? Spousal support that's paid periodically for example, weekly or monthly is tax deductible for the person who pays it. The person who gets the spousal support has to pay tax on it.
The CRA usually wants proof that the spousal support has been paid before it treats it like a tax deduction. The law says a judge or master can reduce or cancel arrears, but it's hard to do this unless there's a very good reason for it.
See section of the Family Law Act for more on this. Lori learns she can apply for support from her ex in our short illustrated story, Spousal support. COVID and the legal system. Your questions answered. Print Forms Glossary Email. Spousal support. You're eligible to ask for spousal support if: you were married , you lived together in a marriage-like relationship you might call it a common-law relationship for at least two years, or you lived in a marriage-like relationship for less than two years and have a child with your ex-spouse.
Who can get spousal support? You're not automatically entitled to spousal support. You have to apply for it.
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