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FAQ Spousal Support

Q: How is spousal support paid?

There are two ways for spousal support to be paid, compensatory and non-compensatory.  Compensatory spousal support is based on the needs of the recipient and ability of the payor to pay spousal support.  Non-compensatory spousal support is paid to bring a spouse to a similar lifestyle after marriage to what they had during marriage.

Q: How is the amount of spousal support determined?

There are Spousal Support Advisory Guidelines ("SSAG")which sets out a low, mid and high range for spousal support, based on the parties incomes taking into consideration whether child support is also being paid.  . 

Q; How long can I receive spousal support?

The range for spousal support differs between provinces.  In Alberta, the rule of thumb is 1/2 year of spousal support for every year of marriage.

Q; Are there different ways for spousal support to be paid:

Yes, there are two ways for spousal support to be paid.  Periodic payments i.e. monthly payments or lump sum payments.  Periodic spousal support is taxable to the recipient and a deduction for the payor while lump sum payments have no tax consequences.
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IMPORTANT DISCLAIMER:  At WIN/WIN Divorce Resolution we will provide you with information but we do not offer legal advice.  Should you require legal advice, you should consult with a lawyer specializing in family law.  If you do not have a lawyer, we can refer you to a lawyer to obtain legal advice.

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