Spousal Support
Entitlement, quantum, and duration — all guided by the Spousal Support Advisory Guidelines and the specifics of your marriage.
Spousal support is different from child support.
Unlike child support, spousal support is not automatic. A claimant must first establish entitlement on one of three bases:
- Compensatory — economic disadvantage from the marriage or its breakdown (e.g., career sacrifice to raise children).
- Non-compensatory (needs-based) — significant income disparity and demonstrated need.
- Contractual — from a marriage contract or separation agreement.
Quantum and duration
Once entitlement is established, the Spousal Support Advisory Guidelines (SSAGs) provide a range for amount and duration. They are not binding but are applied in most cases. Inputs include both spouses’ incomes, the length of the relationship, and whether child support is also being paid.
Review, variation, termination
Spousal support orders are not permanent. They can be reviewed or varied on a material change in circumstances — retirement, re-partnering, a significant income change. The firm advises both payors and recipients on when review is available.