Spousal Support Calculator

Spousal Support Calculator

What is spousal support? The origin of spousal support is since the 17th century. Spousal support is periodic payment, usually monthly; the two people or the divorce court often decides this. The payer party is traditionally the husband, making monthly payments. Now, there are many cases where, even men receive spousal support.

Who can claim it? Anyone who qualifies as a spouse can claim spousal support. People who are legally married are spouse, and people who are not married. If you have not been married, and lived together for the past two years, you can claim it. Within the period of one year of separation. Spousal support is mostly not granted in cases where, the marriage has lasted for less than a year. This is a huge disqualifying condition.

How is spousal support calculated? If the court decides that, the spouse needs financial support. The amount would be determined using the guidance, whether you decide the amount in court or out of court. They use advisory guidance and mathematical formulas that will decide the amount. This requires a special program spousal support calculator; your lawyer will have access to the program. Both the parties will have to make a full financial disclosure.

What are the further steps in spousal support calculation? The court considers factors such as:

– Length of the relationship
– What functions did they each do during the relationship?
– It they have children or not.
– Their financial circumstances, during the relationship and now
– Their ability to support themselves

What court can you go to? Married people should apply in two places, the federal Divorce Act and the provincial Family Relations Act. If you wish to apply for spousal support under both laws and divorce act, you will have to submit an application in the Supreme Court. If you apply under family relations act, you can apply in the provisional court or the Supreme Court. Any court has its own rules and procedure, consult with your lawyer before taking a step.

For how long is a spouse paid? The law expects both the spouses to make efforts in becoming self-supporting. The court can limit the support payment for a time being. If the paying spouse needs time to get to a job, the court will limit the payment. The length of this is not defined; it is until the receiving spouse becomes, self-supporting. This order only changes when, the paying spouse retires. The length of the marriage is also an important factor in deciding how long spousal support will be paid. Another, condition is when the paying spouse remarries. These changes his financial spends and the court has to assign him/her a new amount.

What will happen if the circumstances change? Even after the final verdict is given, the amount of support might be changed. Financial disclosure can be judged again, if there are visible changes in both the spouses’ financial circumstances, and then the court can change the verdict.