Know how much alimony a wife gets in Canada. Understand the factors that influence the alimony amount in Canada.
When a divorce happens, one spouse has to make a payment to the other spouse. It is paid to help the lower-earning spouse maintain their living standards. However, the amount of support may vary on the cases and states you live in. Such as Calgary Family Lawyer will differ from someone living in Alberta.
Got confused? Do not worry; we got you covered.
In this article, we will explore different factors determining how much alimony a wife may get in Canada and how you can navigate the legal system.
What is Alimony?
After a divorce or legal separation, one spouse provides financial support to the other. It is known as alimony or spousal support. The purpose of alimony is to help the spouse who makes less money so that they can maintain a standard of living.
Depending on the divorce or separation circumstances, alimony payments are often provided every month. The length of the marriage, each spouse’s income, and earning potential are some of the considerations the court considers when deciding the amount and duration of alimony payments.
Why does a Spouse Have to Pay Alimony?
According to Divorce Act, one spouse must pay alimony to the other if any of the following meets the demands.
- Provide financial support to a spouse who earns his daily income while married.
- Support the ongoing care of the children.
- Help a spouse who is struggling financially due to a failed marriage.
Who Can Ask for Alimony?
Either of the spouse can ask for alimony. Mostly, the spouse with a lower income demands alimony. A judge considers several factors to determine whether or not spousal support should be provided.
- The financial situation of each partner.
- The duration of couple lived together.
- The roles and responsibilities of each marriage partner.
- The impact of those responsibilities and the marriage breakdown on the present financial situations of both spouses.
- The roles for the ongoing children’s care.
- Any spousal support orders, agreements, or plans previously formed.
How is Alimony Calculated?
One of the complex things of spousal support is the calculation of alimony. When calculating alimony, most law professionals use Spousal Support Advisory Guidelines. They help to calculate the spousal amounts for different agreements. As it is complex, it is difficult for someone to calculate independently.
How Much Alimony to be Paid?
The amount of money to be paid is based on different factors. It includes differences in spouse’s income, length of the relationship, and cares for child support.
If there is no child support, then the general formula is as follows-
First, multiply 1.5% to 2% by the number of years of marriage. Multiply the amount you found by the spouse’s income difference for each marriage year. If you have been married for about 25 years, the range goes up to 50%.
For example, a husband and a wife have been married for 10 years. The husband’s income is $100,000 yearly, and the wife’s income is $25,000 yearly.
Now, you calculate 1.5% to 2% multiplied by 10 years, ranging from 15% to 20%. Multiply the amount by the differential gross income of $75,000. It will give a range of $11,250 to $15,000 per year.
As a result, the alimony owed by the husband will be $937 to $1,250 per month. However, the spousal support will be longer if the marriage is 20 years or above.
How Long is Alimony to be Paid?
The length of the alimony is based on the case’s facts, such as the length of the marriage or the ages of the couples at the time of separation. Sometimes, spousal support is provided for a short period.
In other situations, spousal support may continue unless a change in circumstances results in a new court order or an amendment to the agreement to account for the change.
When can Alimony Paying be Stopped?
The Spousal Support Advisory Guidelines (SSAG) provide a general guideline for determining alimony. If the alimony is written in an agreement, then you must continue to pay unless:
- The court changes the order rules.
- You and your partner agree to change the agreement.
- The conditions of the agreement are fulfilled.
Spousal support depends on various factors, as mentioned above. So, if anyone wants to know how much alimony a wife will get in Canada, it is best to consult a lawyer to determine the amount. As a result, you can navigate the legal system by providing spousal support.