- Under the Divorce Act, a court can order lump-sum or periodic spousal support as it thinks reasonable, based on each spouse's condition, means, needs and circumstances.
- Child support follows its own guidelines and starts from the payor's income, which can be adjusted or imputed.
- A spousal support order can be changed later if there has been a change in either former spouse's condition, means, needs or circumstances.
If you are separating, one of the first questions is usually how much spousal support, if any, and for how long. People often hope for a simple calculator that gives one number. In practice the answer depends on the facts of your marriage and your finances.
This article explains what the Divorce Act tells a Saskatchewan court to consider, how income and child support fit in, and when an order can be changed. It cannot give you a figure. A lawyer can look at your numbers and tell you what range may be realistic.
This article covers the law of Saskatchewan.
What the Divorce Act actually says
In a divorce case, a court may order spousal support as a lump sum, as periodic payments, or both, in whatever way it thinks reasonable. The Act does not fix a dollar amount or a set number of years. Instead it lists what the court must look at.
You may hear people mention advisory guidelines with formulas that produce a range for amount and duration. How a court uses any such guidelines in a particular case depends on the facts, and a lawyer can confirm the current approach before you rely on a range.
The factors a court weighs
The court looks at each spouse's condition, means, needs and other circumstances. These include how long the spouses lived together, the functions each performed during that time, and any agreement between them.
The court also works toward the objectives set out in the Act. These are:
- Recognizing any economic advantages or disadvantages to the spouses from the marriage or its breakdown.
- Apportioning between the spouses the financial consequences of child care.
- Relieving any economic hardship caused by the breakdown of the marriage.
- Promoting the economic self-sufficiency of each spouse within a reasonable period, where practicable.
Income and child support
Income is central to almost every support discussion. For child support, income starts from the "Total income" line on the T1 General tax form, adjusted under Schedule III of the Federal Child Support Guidelines. The court may look at the last three years and can impute income, for example where someone is intentionally under-employed.
Child support is set separately. A court must make child support orders in accordance with the applicable guidelines, including interim orders. The usual starting point is the table amount for the province where the paying spouse lives, plus any special or extraordinary expenses.
Some situations change the picture. Where each parent has at least 40% of parenting time, the amount is set under a different section that looks at both parents' tables and the cost of shared care. Where the payor earns over $150,000, or where there is undue hardship, a court can depart from the straight table amount. Because child support and spousal support affect the same household budgets, they are usually worked out together, and a lawyer can explain how they interact in your case.
Changing a spousal support order later
A court can vary, rescind or suspend a support order, going forward or back in time. To change spousal support, the court must be satisfied that there has been a change in the condition, means, needs or other circumstances of either former spouse since the order or the last change.
A job loss, a major health problem or a significant change in income are the kinds of events people raise. Whether a particular change is enough depends on the facts.
What to do next
Before you talk to a lawyer, pull together the information a court would look at. Having it ready makes any advice more concrete.
- Income tax returns and notices of assessment for the last three years.
- Recent pay stubs, and business statements if you are self-employed.
- A timeline of the relationship: when you began living together, married and separated.
- Any written agreement about support, property or parenting.
- A rough monthly budget for you and any children.
- Details of who cared for the children or gave up work or schooling during the relationship.
If you and your spouse can agree, an agreement about support is not treated as collusion in a divorce. Getting advice before you sign anything is still wise.
Frequently asked questions
Is there a formula that sets spousal support in Saskatchewan?
The Divorce Act tells a court to order support as it thinks reasonable after considering each spouse's condition, means, needs and circumstances. It does not set a formula in the Act. A lawyer can explain how advisory guidelines may be used in your situation.
Does the length of the relationship matter?
Yes. The court looks at the length of cohabitation, the functions each spouse performed and any agreements between them. How much weight each factor receives depends on the facts.
Can spousal support be lump sum instead of monthly?
Yes. A court may order lump-sum or periodic support, as it thinks reasonable. Which is suitable depends on the circumstances.
Can I change support if my income drops?
You can ask the court to vary the order. It must be satisfied there has been a change in the condition, means, needs or other circumstances of either former spouse since the order or last variation. A lawyer can tell you whether your change is likely to qualify.
Sources
- Divorce Act (Justice Laws) — Justice Laws (federal)
- Federal Child Support Guidelines (Justice Laws) — Justice Laws (federal)
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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