Spousal Support Lawyer

Understanding Spousal Support in Ontario

 

A separation or divorce is not always the end of the financial responsibility for either party, particularly if children are part of the family structure.

 

Depending on factors such as income disparity, custody arrangement, and/or employment prospects of either party, one party could be required to maintain a higher degree of financial support for the family unit. That financial support could come in the form of spousal support, child support, or both.

 

While it is always the goal to amicably work out spousal and child support agreements, this is often not immediately realistic. For example, if one party is not providing full disclosure of financials or being outright deceitful in hiding money, the process can drag out and become highly contentious. It is important to note that entitlement to spousal support is not automatic, even where there is income disparity, or the marriage was long-term.

 

Spousal support arrangements can also vary in terms of amount and the structure, for example monthly payments vs a lump sum payment. Child support is calculated based on well-established guidelines. Where the income of the party paying child support exceeds certain thresholds or where other circumstances dictate, the guideline amount can be varied.

 

One important consideration is that child support can be reduced where parenting time stays within at least a 60/40 split between the parents. As with all areas of family, it is important to consult with a family lawyer prior to agreeing to any firm arrangements.

 

Circumstances often change down the road. It is far better to expend resources on the front end creating a sound agreement than dealing with a poorly-conceived one

 

Choosing the right attorney early in your spousal support case is essential to protecting your financial stability and your family’s well-being.

 

Led by former Senior Crown Attorney Michael Coristine, our team brings extensive legal experience and a commitment to unwavering and, compassionate advocacy.

 

We know that family law matters can be emotionally and financially challenging, often involving critical concerns like financial security, custody arrangements, and asset division.

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Our strategic approach focuses on achieving the best possible outcome while minimizing conflict and stress.

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Spousal Support in Ontario:

What You Need to Know

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Spousal support, also known as alimony, is a financial payment made by one spouse to the other after separation or divorce. In Ontario, spousal support is intended to address financial disparities and ensure fairness.

 

Who Can Claim Spousal Support?

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You may be eligible for spousal support if:

• You were married or in a common-law relationship (living together for at least 3 years or have a child together).

• You were financially dependent on your spouse during the relationship.

• You suffered economic disadvantages due to the relationship (e.g., leaving a career to raise children).

 

How is Spousal Support Calculated?​

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Spousal support amounts and duration depend on factors such as:

• The length of the relationship.

• The financial situation of both parties.

• Contributions made during the relationship (financial and non-financial).

• Age and health of both spouses.

• Childcare responsibilities.

While Ontario courts use the Spousal Support Advisory Guidelines (SSAG), each case is unique and requires legal assessment.

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Understanding the Duration of Spousal Support

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​Support duration varies but is influenced by:

• The length of the relationship.

• The recipient’s ability to become self-sufficient.

• Agreements made in a separation or divorce settlement.

 

Modifying Spousal Support:

When and How It Can Change?

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Spousal support can be modified or terminated if there is a significant change in circumstances, such as:

• A substantial increase or decrease in income.

• Remarriage or cohabitation of the recipient.

• Retirement or disability.

 

Common Questions About Spousal Support​​

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• How much support could I receive or pay?
  The amount is based on income, length of the relationship, financial need, and the Spousal Support Advisory Guidelines (SSAG), but courts have discretion in determining final amounts.

• Can we negotiate spousal support outside of court?
  Yes, you can negotiate support through a separation agreement or mediation, which can be legally binding if properly drafted and signed.

• What happens if my ex stops paying?
  Support orders and agreements can be enforced through Ontario’s Family Responsibility Office (FRO), which can garnish wages, seize assets, or suspend licenses if payments are missed.

• How does spousal support impact child support?
  Child support takes priority over spousal support. Courts calculate child support first, and spousal support is then determined based on remaining financial capacity.

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Disclaimer: This content is for informational purposes only and does not constitute legal advice. Every case is unique, and speaking to a lawyer is necessary to understand your rights and obligations.

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Why Choose

Michael Coristine Law?​

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• Relentless advocacy to help secure your financial future.

• Committed to help protect your safety and your family's security.

• Dedicated to help safeguard your assets, wealth, and hard-earned success.

• Strategic solutions for resolving disputes with confidence.

• Providing unwavering support through life’s legal challenges.

 

 

Take the Next Step 

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Spousal support cases can be complex, and having the right legal guidance is crucial. ​Schedule a confidential consultation with our team today. 

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