Spousal Support Lawyer Toronto
Toronto Spousal Support Lawyers
Spousal support is money paid by one spouse to the other after the parties separate, for the maintenance of the spouse that qualifies for spousal support. Sometimes and in some other countries the term “spousal support” is called “alimony” or “maintenance”
Spousal Support is a tricky concept and claimants often believe that spousal support is an automatic entitlement under family law. It is not automatic and there are requirements for the qualification of spousal support. The concept of spousal support most certainly requires the assistance of a lawyer, in order to determine if one qualifies as a recipient of spousal support, or if one is obligated to pay spousal support at all.
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In order to qualify for spousal support, the law will look at whether an individual is “entitled” to support in the first place. That is the key to the qualification. There are various factors that lawyers will look at to determine whether a spousal support candidate is entitled to spousal support. Some factors considered may be “Compensatory” factors which address the “condition, means, needs and other circumstances”. As an example, this could relate to the spouse raising the kids in the household for a number of years without working, and the other spouse advancing their career. The law would look to the functions performed by each spouse during cohabitation or marriage. Other factors could be “Non-Compensatory” factors where the reason for the support is to relieve economic hardship of the spouses arising from the breakdown of the marriage, and to allow to promote self-sufficiency of each spouse within a reasonable period. For example, this could relate to the person whom, prior to the breakdown of the marriage had the support of the other for a number of years but now finds themselves without such a support, or one which may suffer health disadvantages.
Once the issue of “entitlement” is determined and a lawyer deems it appropriate to make a claim for spousal support, the law looks to the Spousal Support Advisory Guidelines for the amount of support, either monthly or in a lump sum, which the support payor would be obligated to pay.
The exercise of determining the entitlement to spousal support, and then the amount of spousal support payable is a very complicated exercise and requires advice from a lawyer with significant experience in family law and spousal support related cases. Call us today for a discussion related to your spousal support needs with one of our Toronto Spousal Support lawyers.
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While spousal support may seem like a simple calculation, determining entitlement, amount, and duration is one of the most contentious areas of family law. Disputes often arise over a spouse’s actual income, their ability to become self-sufficient, or the economic impact the marriage had on their career. The Spousal Support Advisory Guidelines provide a framework, but applying them correctly to complex financial situations requires legal expertise. It is critical to speak with one of our Separy Law PC spousal support lawyers in Toronto to understand your rights and obligations.
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- Calculating support under legal guidelines
- Negotiating support amounts and duration
- Modifying existing support orders
- Enforcing unpaid spousal support
- Addressing support in divorce or separation
FAQs
How is spousal support calculated in Ontario?
Spousal support in Ontario is generally calculated using the Spousal Support Advisory Guidelines (SSAGs), which provide suggested payment ranges based on income, length of the relationship, and whether there are children.
For example:
- Without children: calculations are based on the difference in gross incomes and the length of the relationship.
- With children: support is coordinated with child support and overall household need.
Judges may depart from these ranges in special circumstances, such as high incomes, illness, or unequal property division.
To determine what applies to your specific situation, contact Separy Law P.C. Our Ontario spousal support lawyers can calculate potential entitlement and negotiate fair and sustainable arrangements.
How long does spousal support last in Ontario?
The duration of spousal support in Ontario depends on several factors, including the length of the marriage or relationship, each party’s age, and their ability to become financially self-sufficient.
Shorter marriages may result in time-limited support, while long-term marriages or situations involving health issues or child-rearing responsibilities may justify indefinite support. In some cases, support can be reviewed or varied if financial circumstances change.
If you’re seeking to establish, vary, or end spousal support, the Ontario spousal support lawyers at Separy Law P.C. can help you assess your entitlements, negotiate fair terms, or bring the issue before the court if necessary.
What is spousal support in Ontario?
Spousal support (sometimes called alimony) is financial support paid by one spouse to the other after separation or divorce. It’s intended to address economic disadvantages that can result from the breakdown of a relationship, such as unequal earning capacity or lost career opportunities.
In Ontario, spousal support can be temporary, time-limited, or indefinite, depending on the length of the relationship, each spouse’s income, and financial circumstances. Support can be negotiated through a Separation Agreement or ordered by a court under the Family Law Act or Divorce Act (Canada).
If you’re separating or divorcing and want to understand your rights or obligations regarding spousal support in Ontario, the Ontario spousal support lawyers at Separy Law P.C. can provide clear guidance and representation.
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