Does Spousal Support Terminate When the Payor Retires?

Retirement and a Consequent Income Reduction In Schulstad v. Schulstad, the Court of Appeal for Ontario rendered a decision on an appeal of an order terminating the husband’s obligations to continue to pay spousal support and maintain life insurance for the wife’s benefit past the husband’s retirement date. Prior to his retirement, Mr. Schulstad worked as a general surgeon …

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Challenging the Validity of a Separation Agreement

What is a Separation Agreement? A separation agreement is a legally binding contract created between two partners, subsequent to their separation.  It sets out each party’s rights on issues such as: child custody and access; division of property; debts; child support; and spousal support It’s possible for parties to draw up a separation agreement on …

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Spousal Support Awards – Compensatory and Non-Compensatory Claims

In a recent decision of the Ontario Superior Court of Justice (Noel v. Noel), the Court awarded spousal support to Mr. Noel, finding that he was entitled to this award on both a compensatory and non-compensatory basis. Spousal Support Awards:  Divorce Act and Guidance from the Supreme Court of Canada When making an order requiring …

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“First-Family-First”: When Might a Second Family Impact a Support Obligation?

It’s not uncommon for an individual who is obligated to pay spousal support to want to reduce or eliminate that obligation after he or she has entered into a new relationship.  This is especially true if financial responsibility for that new, or “second” family arises. Does a Second Family Impact Entitlement or Quantum of Support …

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The Basics of An Annulment

Question: I don’t want to get divorced. Can I get an annulment instead? Answer: Annulments are different from divorces. A divorce is the legal end to a marriage, granted by a Judge. In Canada, you can obtain a divorce if there is a breakdown in the marriage, based on one of three grounds: living separate …

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False Allegations During Divorce Proceedings

False Allegations During Divorce Proceedings Unfortunately, from time to time, when a marriage breaks down, some spouses take the dramatic step of making false allegations during divorce proceedings against the other spouse. Particularly during highly contested custody battles. To be sure, domestic violence is a terrible crime and continues to be a significant societal concern …

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What To Do if Spousal Support is Not Paid?

Although a marriage definitively ends when a divorce is granted, a Toronto divorce lawyer will inform you that the process surrounding divorce is complex and interconnected. Similarly, spousal support may be a compound course. Receiving an order for spousal support or reaching a monetary agreement is only one step. The next step is the enforcement …

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