How long do you pay spousal support in Manitoba?
This answer covers the law of Manitoba.
There is no single answer: spousal support in Manitoba can be paid for an indefinite or limited period, or until a specified event occurs, and The Family Law Act sets no fixed maximum or formula duration. The Divorce Act does not fix a duration or formula either. The old Family Maintenance Act was repealed on July 1, 2023 and replaced by The Family Law Act.
Instead, a court looks at the circumstances, including the length of the relationship, roles during it, financial means and earning capacity, and needs. Under the Divorce Act, the court considers each spouse's condition, means and needs, including length of cohabitation and functions performed during it. Its objectives include relieving economic hardship and, so far as practicable, promoting each spouse's self-sufficiency within a reasonable period.
Orders can be varied, suspended or terminated on a change in circumstances, and a review can be provided for. A written agreement releasing support can also limit a court's power to order it, with exceptions such as default under the agreement or support that was inadequate when it was made. A lawyer can help you see how this fits your facts.
Key takeaways
- The Family Law Act allows support for an indefinite or limited period, or until a specified event occurs, with no fixed maximum or formula.
- The Divorce Act also fixes no duration or formula, and range-by-length-of-relationship guidelines are not found in either statute.
- A court weighs factors such as the length of the relationship, each person's means and earning capacity, and needs.
- An order can be varied, suspended or terminated if circumstances change.