Starting the separation process often raises financial concerns for both parties. A central apprehension of both spouses is often whether or not spousal support is going to be an issue. Whether you are seeking financial support from your former spouse or your former spouse is seeking support from you, it is absolutely essential you have an experienced lawyer who is knowledge about all of the various issues surrounding spousal support to provide you with the guidance and advice you will need in putting forward or defending against a spousal support claim.


Both married and unmarried spouses can be obligated to financially support one another. Unmarried spouses have to meet certain requirements under the law in order to qualify for spousal support. Generally speaking, unmarried spouses need to have been in a relationship and cohabiting for a period of at least three years, or have a child together in order for this obligation to arise.


Unlike child support, if it is established that there is an entitlement to spousal support, the amount of support payable and the period of a spousal support obligation can be discretionary for both unmarried and married spouses. While there are the Spousal Support Advisory Guidelines (often referred to as the SSAGs) in place, they do not provide the same certainty and finality as the Federal Child Support Guidelines do for child support. The SSAGs provide a frame of reference for the courts to use to assist in making spousal support determinations. The courts also look at certain factors (such as the need of the recipient and the ability of the payor to pay) to determine whether spousal support should be awarded and what amount the payor should be required to pay in spousal support. In addition, the court weighs various aspects of the relationship and each spouse’s sources of income to make decisions regarding spousal support.


The experienced family law lawyers at Kain and Ball have helped many clients over the years make sense of their spousal support rights and obligations. We have successfully represented both payors and recipients of spousal support in court and have negotiated on behalf of both payors and recipients to settle spousal support issues.


Contact us at 1-855-773-4588 or email us at contact@kainfamilylaw.com to schedule your free initial consultation to speak to one of our experienced family law lawyers about your spousal support issues.