Who Qualifies for Spousal Support in Saskatchewan

If your marriage has ended or is ending, you may wonder whether you have a legal right to spousal support, or whether you might be asked to pay it. The honest answer is that it depends on your circumstances.

This article explains how a court approaches the question under the federal Divorce Act. It is general information and cannot tell you whether you will qualify.

This article covers the law of Saskatchewan.

No automatic entitlement

The Divorce Act lets a court order lump-sum or periodic spousal support as it thinks reasonable. That wording gives the court discretion. Being married, or being the lower earner, does not by itself guarantee support.

The court looks at each spouse's condition, means, needs and circumstances. Those circumstances include the length of time you lived together, the functions each of you performed, and any agreement between you.

The objectives behind support

The Act lists objectives a spousal support order should serve. They include:

• Recognizing economic advantages or disadvantages to the spouses from the marriage or its breakdown
• Apportioning between the spouses any financial consequences of child care
• Relieving economic hardship caused by the breakdown of the marriage
• Promoting self-sufficiency where practicable

In plain terms, support might make up for a loss someone suffered because of the marriage, such as giving up a career to raise children. It might respond to need after the breakup. Or it might follow from what you agreed. How a court weighs these objectives and circumstances in a particular case depends on the facts, so it is worth confirming with a lawyer.

Agreements between spouses

Any agreement between you is one of the circumstances a court considers. Agreements about separation, support, property or parenting are not collusion. So you can reach an agreement and still obtain a divorce. Before signing one, it is wise to get legal advice about what it means for your future rights.

Married and unmarried partners, and the divorce itself

The Divorce Act applies to married spouses. Property rules differ: The Family Property Act treats an unmarried person who has cohabited with another as spouses continuously for not less than two years as a spouse. Whether support rights for unmarried partners exist under Saskatchewan law is something to confirm with a lawyer, because it depends on the facts and the statute that applies.

If you apply for a divorce, only one spouse has to have been habitually resident in the province for at least one year before the proceeding starts. Support or parenting orders connected to a divorce can be heard where either former spouse is habitually resident when the proceeding starts, or where both accept the court's jurisdiction.

The only ground for divorce is breakdown of the marriage. It is established if you have lived separate and apart for at least one year, or if the other spouse has committed adultery or treated you with physical or mental cruelty that makes living together intolerable. You cannot rely on your own adultery or cruelty. Spouses can be separate and apart under the same roof if one of them intends to live separately.

Changing support later, and what to do next

A court may vary, rescind or suspend a support order. To vary spousal support, the court 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.

Since July 1, 2022, family law matters coming to court anywhere in Saskatchewan are required to attempt a family dispute resolution process by the close of pleadings. You can apply to the court for an exemption where there has been interpersonal violence, the other parent has abducted a child, or there is other urgency. For an uncontested divorce, the Court of King's Bench offers a free Self-Help Divorce Kit, requested from the Family Law Information Centre.

• Gather financial records for both spouses, such as tax returns, pay information and a list of assets and debts.
• Write a short timeline of the marriage, including who worked, who cared for children and any career changes.
• Collect any separation or other agreement you have signed.
• Try family dispute resolution first, since parties are expected to attempt it.
• Speak with a lawyer about your own situation before you decide.

Frequently asked questions