1-877-797-9411
Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

The Difference between Spousal Support and Child Support in Canada

Fill out the form below to receive a no-obligation consultation

Answer:

If a relationship between two partners ends, one partner may be entitled to spousal support. Generally, if one partner is in a better financial state than the other, they are required to pay spousal support. This allows the partner who is in need of support to maintain the standard of living with which they are accustomed to, have access to finances while they search for employment, and pay tuition fees for education or training in order to become self-sufficient. Entitlement to spousal support is based on the obligations of each spouse to support themselves and each other if they have the means to do so.

If children are present during divorce, child support takes precedent over spousal support. This ensures that parents continue to provide for their children as it is the child’s legal right to be supported by both parents. Generally the parent who is granted primary custody of the child, the custodial parent, is the one handling the expenses involved with raising the child. Non-custodial parents are legally required to pay the child support if their children are under the age of majority, or cannot live independently due to factors such as illness, disability, and education fees.

Both spousal support and child support are established by the Divorce Act and the Family Law Act. In terms of spousal support, the Divorce Act pertains to couples who were previously married, and the Family Law Act applies to common law couples. In terms of child support, the Divorce Act applies to legally married couples in the process of divorce or who are already divorced, and the Family Law Act pertains to couples who are legally married and are becoming separated rather than divorced. Also, spousal support may be deducted on the payer’s income tax return and is considered taxable to the recipient spouse, where as child support is not. Also, spousal support has no automatic entitlement once a person becomes a “spouse”.

Latest Questions Asked:

DC Icon

Simple Divorce

We have already settled support and property division so it is just a matter of getting a divorce. He wants to serve me with papers, or have me go to his lawyers since I am not protesting the divorce do I have to do anything and will it cost me money? ...

DC Icon

Is the 6 year rule for settlement of home and assets written in stone or can it be extended?

My husband and I have been separated for 6 years this coming August. Can I ask for an extension to the time limit or can it be extended at all? If my husband who has moved out and is living with someone else and has a home together will not agree on a ...

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

DC Icon

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

See All Questions
magnifiercrosschevron-down