Spousal support eligibility applies to married couples under federal law and common-law partners under provincial legislation
In Canada, spousal support is available through two main legal frameworks. The federal Divorce Act governs support arrangements for legally married couples who are separating or divorcing. Each province and territory also has specific legislation that addresses support rights for both married and common-law partners.
Individuals may qualify for spousal support if they meet the following criteria:
- Legally married spouses going through separation or divorce
- Common-law partners who have lived together for the required period (varies by province)
- Partners who can demonstrate financial dependency during the relationship
- Those who have experienced economic disadvantage due to the relationship or its breakdown
The amount and duration of support payments depend on factors like income disparity, length of relationship, and each partner’s ability to become financially self-sufficient.