Spousal support is a complicated subject. You may have heard conflicting “facts” about spousal support from people who are (most likely) not family-law lawyers. Here are three common assumptions about spousal support debunked:

SPOUSAL SUPPORT MUST ALWAYS BE PAID AFTER A RELATIONSHIP BREAKUP

This is not true. Spousal support is not automatically owed in every case. Spousal support is dependent on many different factors, including but not limited to the length of the relationship, whether or not you have children together, the incomes of both parties, and the roles you each played during the relationship. Just because one person earns more income than the other person does not mean spousal support is automatically owed.

MY FRIEND GOT/DID NOT GET SPOUSAL SUPPORT, SO THE SAME WILL HAPPEN TO ME

Again, because spousal support is dependent on many different factors, just because your friend got a certain outcome does not mean you will get the same. You are better off talking to a family lawyer to understand how spousal support applies to your case

SPOUSAL SUPPORT MUST BE PAID UNTIL MY EX DIES

Also not true. While there are certainly cases where spousal support could be owed until the support recipient passes away, it is not true for all family-law cases. Generally speaking, the longer the relationship lasted, and the more dependent one spouse was on the other spouse, the longer spousal support could be owed.

For example, a couple breaking up after a 30-year relationship where one spouse stayed at home the entire relationship to raise their children and manage the household will almost certainly lead to spousal support being owed by the working spouse until the other spouse passes away. On the other hand, a couple who breaks up after a few years together, with no children, and where both parties worked throughout the relationship and earned similar incomes, will likely mean there is no spousal support owed at all. Cases that fall in between these two scenarios will include outcomes where spousal support need only be paid for a certain length of time.

The laws regarding spousal support are different in every jurisdiction. What is true in B.C. is not necessarily true in Alberta or Quebec, for example. Speak with a family-law lawyer about your family-law situation to determine whether spousal support is an issue in your case and, if so, to what extent.

A word of caution: you should not act or rely on the information provided in this column. It is not legal advice. To ensure your interests are protected, retain or formally seek advice from a lawyer.