Am I entitled to spousal support?

Spousal support is the most discretionary area of family law. Two similar-looking marriages can produce very different outcomes, because entitlement turns on the facts of the relationship rather than on a formula.

Entitlement comes first

There is no automatic right to spousal support. A claim must rest on at least one of three bases:

• Contractual — a marriage contract or agreement provides for it
• Compensatory — one spouse suffered economic disadvantage from the marriage or its breakdown, or the other gained an advantage
• Non-compensatory — one spouse has need and the other has the ability to pay

What strengthens a compensatory claim

Leaving the workforce to raise children. Relocating for a spouse's career. Supporting a spouse through education or building a business. Taking on the domestic load so the other could work longer hours. These are the situations the compensatory principle was designed for.

Amount and duration

The Spousal Support Advisory Guidelines produce a range rather than a figure, based on incomes, length of cohabitation and whether child support is also payable. They are advisory, not binding, and where a case lands within the range is genuinely negotiable.

Duration

A common range for marriages under twenty years is between half a year and one year of support for each year of cohabitation. After twenty years, or where the years of marriage plus the recipient's age total 65 or more, support may be indefinite — which means without a fixed end date, not permanent and unchangeable.