How Is Spousal Support Calculated in Nova Scotia?

If you have separated, you probably want a realistic idea of how much spousal support might be paid and for how long. There is no simple calculator that works for everyone, and the honest answer depends on your income, your history together and your needs.

This article explains what a court looks at under the Divorce Act, how formula-based guidelines fit in, and how to move forward in Nova Scotia.

This article covers the law of Nova Scotia.

What the court must consider

In making a spousal support order under the Divorce Act, the court must consider the condition, means, needs and other circumstances of each spouse, including the length of time they cohabited and the functions each performed during that time.

In practice this means income, assets, health, age, earning ability and who stayed home or reduced work for the family are all relevant.

The goals behind an order

A spousal support order should have four aims:

• Recognize economic advantages or disadvantages to the spouses from the marriage or its breakdown.
• Apportion between the spouses the financial consequences of child care.
• Relieve economic hardship arising from the breakdown of the marriage.
• Promote each spouse's economic self-sufficiency within a reasonable period.

Guideline formulas and estimates

You may come across online tools or formulas that claim to estimate spousal support. How any estimate applies to you depends on your situation, so it is worth confirming with a lawyer.

When a court makes a spousal support order, it must consider the condition, means, needs and other circumstances of each spouse, including the length of cohabitation and the functions each performed. Treat any online estimate as a rough starting point only.

What does not count, and related matters

Fault is not to be considered in a spousal support decision. Bad behaviour during the marriage does not raise or lower support, and a court will focus on need, means and the factors above.

Spousal support is separate from child support. For a child under the age of majority, child support is the table amount for the payor's province plus any section 7 amount. For a child who has reached the age of majority, the court may apply the Guidelines as if the child were a minor, or, if that is inappropriate, set an amount based on the child's condition, means and needs and each parent's ability to contribute.

Applying and getting paid

Divorces are heard in the Supreme Court of Nova Scotia (Family Division). A court may grant a divorce on the sole ground that the marriage has broken down. This is usually shown by living separate and apart for at least one year immediately before the divorce proceeding is determined, having been separate and apart when it started. You can show it without waiting a year if your spouse committed adultery or treated you with physical or mental cruelty that makes continued cohabitation intolerable.

If support is ordered, the Maintenance Enforcement Program is a free service that records payments and passes money from the payor to the recipient. Enrolling an order is optional, but MEP cannot enforce an order that is not enrolled.

• Collect recent tax returns and pay information for both spouses, as far as you have them.
• List monthly expenses and your debts.
• Write down who cared for children or reduced work, and for how long.
• Note the date you separated.
• Ask a lawyer for an estimate and an explanation of the likely range.

Nova Scotia Legal Aid family coverage includes matters under the Divorce Act. An applicant is financially eligible if they qualify for certain benefits, and the Commission may also find someone eligible if retaining a lawyer would cause undue financial hardship.

Frequently asked questions