Support to be paid from one partner to the other, after separation, can be ordered under either the Divorce Act, for married partners or the Family Law Act, for either married or common-law partners. A common-law partner may apply for spousal support or property division, up to two years after the end of the relationship, after which the partner loses those claims.
Married spouses are not time-restricted until the Divorce is final, after which, this two year limitation period begins to run. A person who has been divorced for over two years but has not resolved spousal support or property division, will not be able to do so under the Family Law Act.
A partner’s entitlement to be supported after separation, by their former partner, arises in one of three ways:
1. There is a written contract which sets this out;
2. One party is entitled to financial compensation for the role they took during the marriage, which limited their future earning capacity; or
3. Based on need alone and the ability of the other partner to pay.
A free consultation is available in which you can discuss how any of the above rules apply to your circumstances.