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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2677
Experience:  associate attorney
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My wife and I have recently separated. She has left our home

Customer Question

My wife and I have recently separated. She has left our home and is living on her own. I am unemployed at the moment and I am having difficulties making all of the payments for the house. Can I apply for spousal support.
Submitted: 10 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 10 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Spousal support can be settled out of court in the form of a separation agreement. If you cannot agree to an amount of spousal support, you can ask a judge to make the determination of support by application, either in a separate application or in conjunction with other related applications (i.e. child support, custody).

In deciding whether a spouse in entitled to support and for how long that support should be given, the court looks at several factors. These factors include the amount the person asking for support needs to meet his or her needs, and how much the other person can afford to pay. Other factors include: the age and health of the parties; the accustomed standard of living of the dependant; the need for either party to stay home and care for a child; the length of cohabitation and the effect of the dependant’s earning capacity because of domestic responsibilities assumed during cohabitation; and, any contribution to the supporting spouse’s career potential during the time of cohabitation.

The specific statutory provisions that deal with spousal support are: section 15 of the Divorce Act and section 30 and 33 of the Family Law Act. It is important to note that child support takes priority above spousal support so if there are insufficient funds to pay over and above child support, spousal support will likely be denied. So to answer your question, yes you can apply for spousal support from the court under these circumstances.

Please let me know if you have any further question and please positively rate my answer if satisfied.

Customer: replied 10 months ago.
how do I make application when we have not yet got a separation agreement
Expert:  Christopher B, Esq. replied 10 months ago.

In the event that you and your spouse cannot agree on some or all of the items in a separation agreement, you can contact a mediator or retain separate lawyers in order to help you resolve your differences. It cab be very expensive to do this though. You should try to agree to a separation agreement that will provide you with spousal support. If this is not possible, that is when the attorneys will take over and court action will be required.