Spousal support is dealt with in the Divorce Act and the Family Law Act. Only married spouses can seek spousal support under the Divorce Act. Under the Family Law Act, married and unmarried spouses or couples who have a child together can claim spousal support. However, these couples must claim support under the Family Law Act within two years after they separate.
A claim for spousal support under the Divorce Act can be made in Supreme Court only.
A claim under the Family Law Act can be made in Supreme Court or Provincial Court.
The two main issues when dealing with spousal support are whether the spouse is entitled to support, and how much support should be paid for how long. These issues are often referred to as entitlement and quantum.