Who Can Claim Spousal Support in New Brunswick After Separation

When a marriage ends, one spouse may be left in a much weaker financial position than the other. Spousal support exists to address that, but it is not automatic, and people often wonder whether they qualify.

This article explains who can claim spousal support in New Brunswick, what the courts weigh, and what happens if payments stop. It is general information only, and every situation turns on its own facts.

This article covers the law of New Brunswick.

Where the right to support comes from

Two laws matter. Under the Family Law Act, every spouse has an obligation to provide support for themselves and for their spouse, in accordance with need, to the extent capable of doing so. That wording builds in two ideas: one spouse's need, and the other's ability to pay.

If you are divorcing, the federal Divorce Act also lets the court order a spouse to pay or secure lump sum or periodic spousal support, on an interim or final basis, for a definite or indefinite period.

What the court considers

In a divorce proceeding, the court considers the condition, means, needs and other circumstances of each spouse, including the length of cohabitation and the functions each performed during it. That means roles in the relationship, such as caring for children or the home, can matter.

A spousal support order should recognize economic advantages or disadvantages arising from the marriage or its breakdown, relieve economic hardship, and promote economic self-sufficiency within a reasonable period.

• Need: what the spouse asking for support requires.
• Ability to pay: the other spouse's means and capability.
• Roles: the functions each spouse performed during the relationship.
• Length of the relationship: how long the spouses cohabited.

The court does not take into consideration a spouse's misconduct in relation to the marriage when making a spousal support order under the Divorce Act. Where child support and spousal support are both claimed, the court gives priority to child support.

Married and common-law partners

Support is not limited to married couples. The Family Law Act extends the obligation to common-law partners in two situations.

A common-law partner is a person who cohabits in a conjugal relationship with another person without being married to them.

Agreements and getting paid

Many couples settle support in an agreement. The Court may set aside a provision for support, or a waiver of the right to support, in an agreement where it results in unconscionable circumstances, among other listed circumstances such as default in payment. So a signed agreement is not always the last word.

Support orders made in New Brunswick are automatically filed with the Office of Support Enforcement, and the recipient has eight days after the materials are sent to opt out and receive payments directly. If payments fall behind, enforcement tools escalate and include garnishing wages, pensions, tax refunds and bank accounts, credit bureau reporting, and driver's licence suspension. A certificate filed with the Court becomes a judgment and may be enforced as one.

What to do next

• Gather recent tax returns, pay stubs and bank statements for both of you, as far as you can.
• List your monthly expenses and any career or education you gave up during the relationship.
• Note how long you lived together and who handled work, home and childcare.
• Keep any written agreement you have signed.
• Speak with a New Brunswick family lawyer about whether you qualify and how to apply.

Frequently asked questions