Spousal Support (Adult Interdependent Partner Support)
Separation or Divorce often leads to the payment of Spousal Support by one of the parties to the other. This is especially true in long-term relationships.
Initially, entitlement must be established before the Quantum (amount) and duration. Spousal Support may be Interim or indefinite and paid periodically or in a lump sum. Spousal Support is secondary to the payment of Child Support.
The objectives of spousal support are to:
- Recognize the economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;
- Apportion any financial consequences arising from the care of any child of the marriage;
- Relieve any economic hardship of the spouses arising from the breakdown of the marriage; and
- Promote the self-sufficiency of each spouse within a reasonable period of time.
The Courts consider the following factors in determining support for the spouses:
- The length of the cohabitation;
- The role of each party within the marriage or relationship;
- The income earning ability of the Applicant’s spouse;
- The needs of the Applicant spouse;
- Whether the Applicant spouse left the workforce during the marriage and if so, for how long; and
- Whether the Applicant spouse is able to return to the workforce.
Our legal team has extensive experience in securing and varying spousal support for our clients.