Editing Alimony (section)

===Canada===
'''Types of spousal support'''

In Canada, spousal support may be awarded upon divorce, under the federal ''[[Divorce Act (Canada)|Divorce Act]]'', or upon separation without divorce under provincial statutes. There are generally three different forms of spousal support awarded:

# Compensatory support – This form of support compensates an individual for her or his contributions to the relationship as well as for any losses that individual has suffered;
# Non-compensatory support – In some cases support may be awarded on a needs basis. This form of support may be awarded by a Court where an individual is sick or disabled; and
# Contractual support ([[Prenuptial agreement|divorce agreement]]) – This form of support upholds a contract between the parties which governs support payments.<ref name="laws.justice.gc.ca">{{cite web | title = Divorce Act (1985, c. 3 s. 15.2 (2nd Supp.)) | url = http://laws.justice.gc.ca/eng/acts/D-3.4/page-8.html#h-17 | date = 2019-04-08 }}</ref>

'''Married spouses and common-law spouses'''

Both married spouses and common-law spouses may be entitled to spousal support. An important distinction between the two is that common-law spouses must start an action claiming spousal support within one year of the breakdown of the relationship. A second important distinction is that only married couples may divorce under the federal ''[[Divorce Act (Canada)|Divorce Act]]''; common-law spouses may only separate under provincial legislation, such as Ontario's ''Family Law Act''<ref>{{cite web|url=http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90f03_e.htm#BK34|title=Family Law Act, R.S.O. 1990, c. F.3|work=Ontario.ca|date=24 July 2014 |access-date=22 August 2015}}</ref> or British Columbia's ''Family Relation's Act''.<ref>{{cite web | title = Family Relations Act | url = https://www.bclaws.gov.bc.ca/civix/document/id/consol20/consol20/00_96128_01 | publisher = Queen's Printer | location = Victoria, British Columbia, Canada | access-date = 28 August 2021 }}</ref> No such limitation arises for married individuals.
In addition to being in a marriage or common-law relationship, courts will look at the conditions, means, needs and other circumstances of each spouse. This includes:

# The length of time the spouses cohabited;
# The functions performed by each spouse during the relationship; and
# Any existing orders or agreements.

This is by no means an exhaustive list of factors which the court will consider when determining entitlement. Each case is determined on its own unique set of circumstances.

'''Factors for awarding spousal support'''

The federal ''[[Divorce Act (Canada)|Divorce Act]]'' at s.15.2 (6) states that there are four objectives of spousal support orders:

# Recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;
# Apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;
# Relieve any economic hardship of the spouses arising from the breakdown of the marriage; and
# In so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.<ref name="laws.justice.gc.ca"/>

'''Amount and duration'''

The longer the length of cohabitation and the greater the disparity between each party’s incomes, the larger an award of spousal support will be and the longer the duration will be.<ref>{{cite web |title=Spousal support |url=https://www.ontario.ca/page/spousal-support |website=Ministry of the Attorney General |publisher=Province of Ontario |access-date=28 August 2021 |date=12 August 2021}}</ref> Although there is no set formula to determine the exact amount and duration of spousal support, there are guidelines, referred to as the ''Spousal Support Advisory Guidelines'', which provides ranges for both. the Spousal Support Advisory Guidelines calculate ranges for support after taking into account the relevant factors. Although the courts are not required to abide by the ''Spousal Support Advisory Guidelines'', they are required to take them into account when deciding on the issue of spousal support.<ref name=SSAG>{{cite web |title=Spousal Support Advisory Guidelines July 2008 |url=https://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/index.html |website=Department of Justice |publisher=Government of Canada |access-date=28 August 2021 |date=4 August 2017}}</ref> The length of the relationship will be taken into account when determining how long spousal support should be paid for. Awards for spousal support can be for a limited term or indefinite.<ref name=SSAG />

While declaring bankruptcy does not absolve Canadians of obligations to pay alimony or child support, a 2011 ruling by the [[Supreme Court of Canada]] established that under current laws "equalization payments agreed to as part of a divorce are considered debts, and are wiped off a person's balance sheet when they declare bankruptcy."<ref>{{cite news | last = The Canadian Press |title=Top court rules bankruptcy can break divorce deal | publisher = [[CBC News]] | date=July 14, 2011 |url=https://www.cbc.ca/news/canada/top-court-says-divorce-payment-void-after-bankruptcy-1.1089525}}</ref><ref>{{cite web |url=http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/7950/index.do |title=Schreyer v. Schreyer - SCC Cases |date=July 4, 2011 |publisher=Lexum |access-date=November 4, 2014}}</ref>