Spousal Support Lawyers

After a separation, one spouse may need financial help to get back on their feet, and the other may be asked to provide it. A spousal support lawyer can tell you whether support is likely to apply in your situation, help you negotiate a fair arrangement, and represent you in court if you cannot agree. On this page you can compare family lawyers who handle spousal support, see their rates and availability, and book a consultation online.

Spousal support is one part of family law. For separation and other family matters, see our page on family lawyers.

What a spousal support lawyer does

Depending on where you are in the process, a lawyer can:

• Assess your situation: whether support is likely to be owed, by whom, and what the court would look at.
• Gather the financial picture: income, expenses, assets and debts on both sides, which is the basis of every support discussion.
• Negotiate an agreement: with your spouse or their lawyer, alone or alongside mediation.
• Represent you in court: when there is no agreement, or when temporary support is needed while the case goes on.
• Handle changes and enforcement: a request to change or end support, or help when payments stop.

Spousal support and child support are different

Spousal support is paid to a former spouse for their own needs. Child support is paid for the children, and in Quebec it is set using the Quebec child support determination model, which is based on both parents' incomes and the custody arrangement. The two are calculated separately, and child support generally takes priority when there is not enough money for both.

If you are also sorting out where the children will live, see our page on child custody lawyers.

Who can ask for spousal support in Quebec

Spousal support mainly concerns people who were married or in a civil union. Married spouses who divorce fall under the federal Divorce Act; Justice Canada's spousal support page explains the general principles. Married spouses who separate without divorcing, and civil union spouses, fall under the Civil Code of Québec.

Spousal support is often settled as part of a divorce. For the rest of that process, see our page on divorce lawyers.

What about common-law (de facto) spouses?

Quebec has long treated unmarried couples differently from married ones when it comes to support between partners. Quebec has recently reformed parts of its family law, including rules that affect some unmarried couples. Because the answer depends on your situation, when you separated and whether you have children together, get advice from a lawyer before assuming you can or cannot claim support.

What the court looks at

There is no automatic right to spousal support. When deciding whether support is owed, and how much, a judge looks at the whole picture, including:

• Needs and means: what the spouse asking for support needs to live on, and what the other spouse can afford to pay.
• The length of the relationship: how long the spouses lived together.
• Roles during the relationship: for example, one spouse staying home with the children or putting a career on hold.
• The consequences of the breakdown: economic advantages or disadvantages each spouse is left with.
• Self-sufficiency: the ability of each spouse to support themselves within a reasonable time.

The Spousal Support Advisory Guidelines

The federal Spousal Support Advisory Guidelines are often referred to by lawyers, mediators and judges when discussing spousal support. They are advisory, not law, and they do not replace the factors above. A lawyer can explain how they may come up in your case and what else is likely to matter.

How spousal support is decided in Quebec

Many couples settle spousal support themselves, through negotiation or mediation, and then have their agreement approved by the court so it can be enforced. When spouses cannot agree, the Superior Court of Québec decides. The broad path usually looks like this:

• Getting advice and exchanging financial information.
• Negotiating, or trying mediation, where it makes sense.
• Filing an application, or answering one filed by your spouse.
• Asking for temporary support if the situation cannot wait.
• An agreement approved by the court, or a judgment after a hearing.

Changing or ending spousal support

A support order or agreement is not always final. If circumstances change significantly, such as a job loss, a serious illness, retirement or a new financial situation for either spouse, the paying or receiving spouse can ask the court to vary support, suspend it or end it. Until the court decides, the existing order still applies, so do not simply stop paying or stop claiming: get advice first.

When payments are not made

In Quebec, support ordered by a court is generally collected through Revenu Québec's support payment collection program. Revenu Québec receives the payments from the paying spouse and passes them on, and it can take collection measures when payments are missed. The Revenu Québec website has the details of the program. A lawyer can help if you need to enforce, contest or regularize payments.

When to get a lawyer

• You are separating or divorcing and support may be owed in either direction.
• Your spouse has asked for support, or you received court papers.
• You gave up work or career opportunities during the relationship.
• Your income or your former spouse's situation has changed since the order.
• You were in a common-law relationship and are unsure what applies to you.

Preparing for your consultation

Bring your recent tax returns and pay stubs, a list of your monthly expenses, information on assets and debts, and any existing agreement or judgment. Write down the key dates of the relationship and your questions, and ask the lawyer how they charge.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all spousal support lawyers or see spousal support lawyers in Laval. Not sure who to pick? Our guide on how to choose a lawyer in Quebec can help.

Frequently asked questions

Is spousal support automatic after a divorce?

No. Support depends on the spouses' needs and means, the length of the relationship and the roles each played. Many divorces involve no spousal support at all.

How is spousal support calculated?

There is no single formula in the law. A judge weighs the factors set out in the Divorce Act or the Civil Code, and the federal advisory guidelines are often referred to. A lawyer can give you a realistic picture once they see the financial information.

Can my ex refuse to pay spousal support?

Not once it is ordered by a court. In Quebec, Revenu Québec generally collects court-ordered support and can take measures when payments stop. If the paying spouse's situation has changed, the right step is to ask the court to vary the order.

Can spousal support be changed or stopped?

Yes, if circumstances have changed significantly. Either spouse can ask the court to vary or end support, or the spouses can agree on a change and have it approved.

Do common-law partners get spousal support in Quebec?

The rules for de facto spouses are different from those for married spouses, and recent reforms have changed parts of the picture. Speak with a lawyer about your specific situation.