Question: My husband and I just separated.  We’ve been married for 5 years, no kids.  We both work full time.  I’m not going to get any spousal support am I?

Answer: It depends on a number of different considerations including whether and for how long you lived together prior to getting married, if you earn less money than your husband and if so how much less, if you require financial support, if your husband has the ability to provide you with financial support, if you sacrificed your career when you got married and your ability to become self sufficient in a short period of time, to name a few.

All of these factors will be taken into consideration by the judge in determining whether you should receive spousal support, and if so, how much and for how long.

When determining the amount of spousal support to be paid and the duration of support payable, if any, many judges in Ontario now rely on the Spousal Support Advisory Guidelines.  The Guidelines will generate a transitional amount of spousal support, with the length of the transition period being proportionate to the length of the parties’ cohabitation/marriage.  For short marriages, like yours, the amount of support generated by the Guideline Formula will often be small and for a very short transitional period. 

The short transitional period allows spouses time to achieve or approximate the same standard of living that the spouses enjoyed while married, while at the same time encourages a clean break between the spouses.

Unless you lived with your husband for a number of years before you got married, if the judge orders any spousal support, it will likely be for no more than 2 to 5 years.