What is one criterion needed for spousal support entitlement?

To establish entitlement to spousal support, one critical criterion is that the applicant must meet the definition of a spouse. This means that the individual seeking support must be legally recognized as a spouse under the relevant family law legislation. This can include individuals who are married or, in some jurisdictions, those who are in a common-law relationship that has met certain criteria.

Meeting the definition of a spouse is fundamental because spousal support is specifically designed for those who have been in a marital or spousal relationship. Without this legal recognition, entitlement to support cannot be established, as spousal support is a legal remedy intended to address the financial needs and dependency that may arise from the marital relationship.

Other considerations, such as financial need or misconduct of the other spouse, can influence the amount or duration of support once entitlement is established, but they do not serve as a threshold for eligibility. Additionally, filing for divorce is not a prerequisite for spousal support in many cases; support can be requested during the pendency of divorce proceedings or even after separation.