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Spousal Support for Ex-Spouses

Article 392 of the Quebec Civil Code clearly stipulates that spouses owe each other support and assistance. This duty can lead one spouse to have to pay spousal support to the benefit of the other, especially in the event of a divorce.

Spousal support for ex-spouses is temporary, meaning it’s granted until the spouse facing financial difficulties due to the failure of the marriage achieves sufficient financial independence. Therefore, the amount and duration of the support can be adjusted.

How to Obtain Spousal Support for an Ex-Spouse ?

Spousal support can be obtained through a mutual agreement between the parties. If desired, this agreement can be ratified to give it the force of a judgment.

If the parties cannot reach an agreement, a spouse can file a request for spousal support at the beginning of the divorce proceedings or at any point during the proceedings, if the needs justify it.

What is the Purpose of Spousal Support After Divorce ?

Spousal support for an ex-spouse serves certain objectives, among others :

Factors to consider, regardless of the reasons for the breakup, are (art. 15.2 [4], Divorce Act) :

Unlike child support for minor children, spousal support for ex-spouses is discretionary. In the case of a request for spousal support for an ex-spouse, consulting a lawyer can be beneficial. It’s important to note that a person could be ordered to pay spousal support for an ex-spouse in addition to child support.

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If you wish to file a request with the Court and need assistance

Contact us for an initial consultation with one of our lawyers specializing primarily in family law and youth protection.

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