Spousal Support
Spousal support, also known as 'alimony', is a payment made by one spouse to the other, following separation. Anyone who is or was in a common law or marriage can apply for spousal support. However, there is no automatic entitlement to receive spousal support. Circumstances surrounding the case will determine the amount the spouse will receive in support.
Spousal support, also known as 'alimony', is a payment made by one spouse to the other, following separation. Anyone who is or was in a common law or marriage can apply for spousal support. However, there is no automatic entitlement to receive spousal support. Circumstances surrounding the case will determine the amount the spouse will receive in support.
‘Spouse’ is defined by section 29 of the Family Law Act to include two persons who are married to each other, two persons who are not married to each other and have cohabitated continuously for more than a three year period, or two persons in a relationship of some permanence, if they are the natural or adoptive parents of a child.
When determining spousal support many factors are taken into account by the court, including but not limited to:
- The length of a marriage
- The difference of income
- Any economic disadvantages
- Earning capacity of one spouse
Gelman & Associates understands the delicate issues surrounding spousal support. We will stand by your side to help you reach the best resolution for you in this difficult time. Call to speak to one of our experienced family lawyers who can answer any questions you might have.