A nominal maintenance Order is an Order that one spouse should pay to their husband or wife a small sum on an ongoing basis, either for a fixed term or indefinitely. The amount could be as small as a penny a year.

How long does spousal maintenance have to be paid?

Spousal maintenance is usually paid on a monthly basis and continues either for a defined period (term of years) or for the remainder of the parties’ life (known as a “joint lives order”). Spousal maintenance ends if the recipient remarries or if either party dies.

What is the formula for calculating spousal support?

The formula for the calculation of spousal support is 40% of the difference between the parties’ net incomes without dependent children and 30% with dependent children.

What happens if you refuse to pay spousal maintenance?

With a judgment summons the debtor could be sent to prison if they do not pay the amount that is owed to you. However, the judge will only send the debtor to prison if you can prove that the debtor has the funds available to pay you but refuses to do so. This can be difficult to prove.

When does one spouse have to pay spousal support?

Spousal support is usually paid on a monthly basis, but it can be paid as a lump sum. Why might one spouse be required to pay spousal support to the other? A spouse may have to pay spousal support if such payment meets one or more of the main purposes of spousal support set out in the Divorce Act. They are:

Why is spousal maintenance considered unearned income?

For the purposes of UC calculations, spousal maintenance is considered a form of “unearned income”, which attracts the maximum reduction of a pound-for- pound from UC. As just noted, this is in contrast to tax credits, where maintenance payments were disregarded as a form of income.

When does spousal support obligation end in Canada?

For example, if your order or agreement specifically provides that spousal support is to end on December 1st of the year 2020, then your spousal support obligation would end at that time. Learn more about the free information about divorce and separation available from Justice Canada in this short video, or visit our website:

Who is entitled to spousal support under the Divorce Act?

This Fact Sheet provides general information about spousal support under the Divorce Act. The Divorce Act applies to married couples who are divorcing. Provincial or territorial laws apply to unmarried or common-law couples that are separating and to married couples that are separating but not divorcing.