SPOUSAL SUPPORT
SPOUSAL SUPPORT
Spousal support is intended to rectify the economic disadvantages resulting from the marriage and its breakdown, or provide support to a spouse who is in need. Both married and unmarried (i.e., common-law) spouses may be obligated to pay spousal support. When facing these issues, many individuals first consult with divorce lawyers in Toronto to fully understand their rights and obligations before entering negotiations or court proceedings.
- Lived together in a romantic relationship for at least three years; or
- Lived together in a “relationship of some permanence,” and had a child together.
If an individual is entitled to spousal support, the amount of the spousal support payment is determined by the Spousal Support Advisory Guidelines, which provide a range of potential support payments by taking into account the parties’ income, the parties’ ages, the length of the relationship, the number of children, and the nature of their income, among other things. There are situations where the court does not apply the Spousal Support Advisory Guidelines, although this needs to be considered on a case-by-case basis. For couples with prenuptial or postnuptial agreements, seeking advice from domestic contracts lawyers in thornhill can be crucial to understanding the enforceability and impact of such agreements on spousal support.
- the age and health of the couple;
- available employment and training opportunities;
- the family’s standard of living before separation; and
- the time it will take for the person to become self-sufficient.
What happens if spousal support payments are not made?
Failure to pay spousal support can lead to legal consequences such as wage garnishment and suspension of your driver's license.
Relationship Between Spousal Support and Child Support
Spousal support is separate from child support, although both may be payable at the same time. While child support is designed to cover the expenses of raising a child, spousal support addresses the economic imbalance between the spouses. Many clients facing both obligations work closely with a child support lawyer in toronto to ensure accurate calculations and compliance with legal requirements.
When determining spousal support, the courts may also consider the division of property between the spouses. Assets, debts, and the overall value of the marital estate can affect the support outcome. In such scenarios, seeking assistance from a property division lawyer in Thornhill is essential for a fair and equitable settlement.
Special Considerations for Professionals
In cases where one spouse is a professional—such as a doctor or dentist—income valuation and business asset assessment become critical. For example, dentists who own their practices often require complex financial evaluations to determine the impact on support payments. In these situations, consulting a Divorcing Dentists lawyer in richmond hill ensures that the professional’s rights and obligations are accurately addressed.
Spousal support is a complex and often emotionally charged aspect of family law. Whether you are the payor or the recipient, obtaining the right legal advice is critical to protecting your rights and interests. Understanding how spousal support interacts with other aspects of family law—such as property division, parenting time, and child support—can lead to more informed decisions and better outcomes for both parties.
FAQs
What is spousal support?
Spousal support is financial support paid by one spouse to the other after separation or divorce to help with living expenses and maintain a similar standard of living as during the marriage.
Who is entitled to spousal support in Ontario?
Spousal support is payable by one spouse to the other depending on various factors such as their financial need.
How is spousal support calculated in Ontario?
Spousal support is calculated by considering factors such as each spouse's income and the length of the marriage.
How long does spousal support last in Ontario?
The duration of spousal support in Ontario varies case by case. It can be temporary or indefinite.
Is spousal support taxable in Ontario?
Yes, spousal support payments are generally taxable for the recipient and tax-deductible for the payor.
How can I obtain more spousal support?
To maximize spousal support, you must demonstrate the payor’s ability to pay. You need to obtain full financial disclosure, undeclared cash income, undisclosed assets and income.
How can I pay less spousal support?
To minimize spousal support, you may need to prove that your former spouse is self-sufficient, has undeclared cash income or is residing with a new partner and sharing expenses.
Will my spouse stop paying spousal support if I remarry?
Remarriage does not automatically terminate spousal support in Ontario. The court will consider whether the recipient’s financial circumstances have changed significantly. Cohabitation or remarriage may be grounds for variation or termination, but it is not automatic.
Will I lose my right to spousal support if I cheated?
No. Spousal support entitlement is not affected by marital misconduct such as adultery. The Divorce Act and Family Law Act are clear that support is based on need, entitlement, and ability to pay, not fault.
Did you know you may make a claim for spousal support, after separation?
A spouse may claim spousal support if they are entitled based on factors such as length of the relationship, roles during the relationship, and financial need, as set out in the Divorce Act and the Family Law Act.
Can I get a divorce without settling the issue of spousal support?
A divorce order can be granted even if spousal support has not been resolved.
What is the difference between separation and divorce in terms of spousal support?
Entitlement to spousal support arises upon separation, not divorce. Spousal support can be negotiated or ordered by the court once spouses are living separate and apart, regardless of whether they are formally divorced. Divorce is not required to claim or receive spousal support. The duration and amount of support are determined based on the length of the relationship (including any period of cohabitation before marriage), the roles during the relationship, and the financial circumstances of the parties.
My spouse cheated. Do I need to pay spousal support?
Yes as family law operates on a "no-fault" basis. The conduct of a spouse, including adultery, is not relevant to the determination of entitlement to or the amount of spousal support. Spousal support is based on factors such as financial need, compensatory claims, and contractual arrangements, not marital misconduct.
How does bankruptcy affect spousal support?
Bankruptcy does not extinguish a payor’s obligation to pay spousal support. Spousal support is considered a non-dischargeable debt under the Bankruptcy and Insolvency Act. If a payor spouse declares bankruptcy, ongoing spousal support obligations and arrears survive the bankruptcy and remain enforceable.
Ash Mazinani
Divorce & Family Law
Mazinani & Associates is a divorce and family law firm with a reputation for innovation, excellence, and teamwork. We take the time to listen to your needs and deliver the highest level of legal representation in your matter. With a focus exclusively on family law, our lawyers hold certificates in family law skills and practice.
We are experienced in family law matters and handle matters of any complexity from an uncontested divorce to a trial or appeal. We pride ourselves on providing creative solutions to divorce and family law matters of all levels of complexity. We are focused on settling your case but will take it to trial, if necessary. We engage in a cost/benefit analysis to determine if litigation or negotiation is the better route.
