Who Can Claim Spousal Support in Newfoundland and Labrador?

After a separation, many people wonder whether they can ask their former spouse or partner for financial support, or whether they may be asked to pay. There is no single test. Courts look at several grounds, and they depend on how long you were together, your finances, and what you agreed.

This article explains who can claim spousal support in Newfoundland and Labrador, which law applies to you, and the main grounds courts use. It explains how things generally work and is not a prediction of what a court would order in your case.

This article covers the law of Newfoundland and Labrador.

Which law applies: married or unmarried?

The Divorce Act applies only to married spouses, and under its support provisions a spouse includes a former spouse. On application, a court may order a spouse to secure or pay, or both, lump sum or periodic spousal support.

Unmarried partners cannot claim under the Divorce Act. Under the Family Law Act, a partner is one of two persons who cohabited in a conjugal relationship outside marriage for at least 2 years, or at least 1 year if they are together the biological or adoptive parents of a child. Partners claim support under the Family Law Act.

The Family Law Act also covers spouses, which includes married persons and those who went through a void form of marriage in good faith and are cohabiting or have cohabited within the preceding year. Time thresholds differ between statutes, so a definition in one law should not be assumed to apply in another.

The three grounds courts commonly use

The grounds below are plain-language ways of describing what courts consider. They are not separate legal tests, and a claim often rests on more than one.

Need and ability to pay

Each spouse or partner has an obligation to provide support for themselves and for the other spouse or partner, to the extent they are capable of doing so. So the question is not only whether you need help, but also whether the other person can provide it.

Under the Divorce Act, the court considers the condition, means, needs and other circumstances of each spouse, including the length of cohabitation, the functions each performed, and any order or agreement. Under the Family Law Act, factors include the length of time the parties cohabited, age and health, assets and means, and capacity to provide support.

Compensation for the effects of the relationship

A support order should recognize economic advantages or disadvantages arising from the marriage or its breakdown. Under the Family Law Act, a spousal support order must recognize the contribution of the spouse or partner to the relationship, and one factor is the effect on earning capacity of responsibilities assumed during cohabitation.

In everyday terms, this covers someone who stayed home with children, moved for the other person's career, or supported the household while the other person studied. Whether and how much compensation is appropriate depends on the facts.

Agreements and what to do next

A written agreement can settle support. A domestic contract, including a separation agreement, is unenforceable unless it is in writing, signed by the parties and witnessed. A domestic contract on a matter the Family Law Act also covers prevails over the Act unless the Act provides otherwise. A court may set one aside if a party failed to disclose significant assets, debts or other liabilities, or did not understand its nature or consequences.

No application for spousal or partner support may first be brought under that Part of the Family Law Act more than 2 years after the day the spouses or partners separate. Do not wait if you think you may have a claim.

• Work out whether you were married or are unmarried partners, and for how long you lived together.
• Write down the date you separated, because the Family Law Act time limit runs from it.
• Gather income records, assets and debts for both of you.
• Consider mediation or parent education through Family Justice Services if children are involved, since it is free and does not give legal advice.
• Speak with a lawyer before signing any agreement.

Frequently asked questions