No-fault still rules. In Canada, spousal support isn’t about punishing bad behaviour. Courts look at need, compensating for economic disadvantage from the relationship, and encouraging reasonable self-sufficiency—not “who caused the breakup.” The Supreme Court of Canada set that tone in Moge (compensatory support) and Bracklow (non-compensatory/needs-based support), and it applies in NB too. CanLII+1

Married vs. common-law: who can claim?

If you’re divorcing, the federal Divorce Act lets a court order spousal support. CanLII
If you’re not married, NB’s Family Law Act (FLA) creates support rights and duties for “spouses” and certain common-law partners. A common-law partner can claim if you lived together 3+ continuous years with one partner substantially dependent on the other, or if you cohabited “with some permanence” and a child was born to you. laws.gnb.ca

How NB courts decide support

Step 1 — Entitlement. Judges ask whether support is justified on compensatory grounds (sacrificed career/earning power for the relationship), non-compensatory need (post-separation hardship), or contract (agreement). The federal guide says the SSAG only apply after entitlement is found. Ministère de la Justice

Step 2 — Amount & duration. Once entitlement is in, courts lean on the Spousal Support Advisory Guidelines (SSAG) for ranges (they’re advisory, not binding, but widely used, including in NB). Courts in NB have applied SSAG in trial decisions like Brown v. Brown and discussed entitlement boundaries in cases such as Eastwood v. Eastwood. Ministère de la Justice CanLII Connects vLex

NB’s statute-level factors. For non-married claims under the FLA, courts consider circumstances set out in s.18 (e.g., resources, needs, standard of living, length of cohabitation). The Act also tells judges what to do when different support obligations bump into each other (see below on child-first priority). laws.gnb.ca

Child support comes first (always)

Both the Divorce Act and NB’s Family Law Act put child support ahead of spousal support. If the numbers are tight, the court must prioritize child support and record why spousal support can’t be paid or must be reduced. NB’s statute mirrors the federal rule. Justice Laws laws.gnb.ca

New Brunswick also runs a Child Support Service that can recalculate child support annually under regulation—another reason spousal support often gets adjusted around child-first obligations. laws.gnb.ca

Married spouses (Divorce Act) vs. non-married partners (FLA)

Divorce Act route (married spouses): Courts apply the Act’s objectives (recognize economic advantages/disadvantages from the marriage, relieve hardship, promote self-sufficiency where practicable) and may grant interim or final support. Variation requires a real change in circumstances. CanLII
Family Law Act route (common-law & others in NB): Sections 14–23 set out who can claim, how amount/duration are fixed, and how orders can be varied or ended. laws.gnb.ca+1

Duration: forever is rare

Indefinite awards exist but they’re not the default. The SCC has cautioned that support should promote reasonable self-sufficiency where practicable (Leskun; L.M.P. on varying prior orders). In practice, NB courts use SSAG duration ranges and tailor terms to the case—especially where one partner sacrificed career time. CanLII+1

Enforcement & out-of-province issues

NB collects and enforces support through the Support Enforcement Act and its Office of Support Enforcement. If someone moves, the Interjurisdictional Support Orders Act lets NB register and vary support orders across provinces/territories (and internationally under the federal scheme). CanLII+1

Practical takeaways (New Brunswick)

You don’t need to prove fault to get (or defend) spousal support. Focus on finances, roles during the relationship, and post-split needs. CanLII
Common-law partners have real rights—but only if you meet NB’s threshold (3 years with dependency, or a child together). laws.gnb.ca
Child support trumps spousal support when money is tight. Expect the court to prioritize kids first. laws.gnb.ca Justice Laws
SSAG guide the numbers, even though they’re advisory. Courts use them to anchor amount and duration after entitlement is found. CanLII
Orders can change if circumstances change (income swings, kids age out, health shifts), but you need evidence and the proper legal test. CanLII

Sources (CanLII & official texts)

Family Law Act (NB), SNB 2020, c 23 — definitions; common-law support threshold (s.14(2)); child-first priority (s.20); recalculation service (Part 4). laws.gnb.ca+2laws.gnb.ca+2
Divorce Act, RSC 1985, c 3 (2nd Supp.) — spousal support orders (s.15.2); child-first priority (s.15.3). CanLII Justice Laws
Support Enforcement Act (NB), SNB 2005, c S-15.5 — provincial enforcement. CanLII
Interjurisdictional Support Orders Act (NB), RSNB 2016, c 102 — registering/varying orders across borders. CanLII
Spousal Support Advisory Guidelines (SSAG) — Revised User’s Guide (CanLII commentary) — how courts use SSAG post-entitlement. CanLII
Key Supreme Court cases: Moge v. Moge (compensatory support); Bracklow v. Bracklow (non-compensatory need); Leskun v. Leskun (self-sufficiency & misconduct not “fault”); L.M.P. v. L.S. (variation). CanLII+3CanLII+3CanLII+3
NB examples referencing SSAG/entitlement: Brown v. Brown (NBQB 2007; SSAG referenced); Eastwood v. Eastwood (NBQB 2006; entitlement denied where both were self-sufficient). Ministère de la Justice CanLII Connects vLex