How Many Years After Separation Will the Court Order Spousal Support?

An Ontario court recently considered whether or not it should award spousal support to a spouse who brought his claim many years after the parties’ separation.   The Parties’ Story The parties married in May 1990, separated for about two years in the late 1990s, got back together and separated for a final time in August …

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Court of Appeal Opens the Door for Determining Whether Indigenous Law Should Have Priority Over Ontario Law in Family Law Disputes Involving Indigenous Parties

The Ontario Court of Appeal recently added a chapter to the ongoing legal dispute between two Indigenous parents involved in a highly contentious battle over child support and spousal support. With this latest decision, the Court has potentially opened the door for a full hearing on the fundamental question of Indigenous self-governance, Treaty rights and …

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Ontario Court Considers When Imprisonment is Appropriate for Non-Payment of Support Arrears

A recent Ontario decision examined both default hearings as well as how and when a jail committal order is appropriate to enforce spousal support and child support arrears. A History of the Parties The parties divorced in 2008, after approximately 21 years of marriage. They had two children (adults at the time of the hearing …

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Interim Spousal Support and Child Support

An Ontario court recently considered a case where the mother sought interim child support and spousal support from the father. In granting the mother’s motion, the court outlined the factors that it must take into account when making an interim order for support.   What Happened? The parties were married in January 2005 and separated …

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Variation of Support in The Face of a Separation Agreement

An Ontario court recently considered a spouse’s request to reduce the child support and spousal support obligations that had been set out in the parties’ separation agreement. What Happened? The parties began living together in June 1983, married in December 1985, separated in August 2009 and divorced in January 2012. The parties had three children …

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Realtor Asks Court to Reduce His Spousal Support Obligation Due to Uncertainties in the Market

A Vancouver based real estate agent has used the recent housing volatility and resultant impact on the market to argue that the luxurious lifestyle his family previously enjoyed was unsustainable and that his spousal support obligations should be decreased. The Parties’ Relationship The former couple began to live together in 1998 and married in 2000. …

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Indefinite vs. Time-Limited Spousal Support

In a recent Ontario decision, the court grappled with the interesting question of when it might be appropriate to terminate a prior order for indefinite spousal support. What Happened? The parties were married in May 1986 and separated in July 2004, resulting in an 18-year marriage. After separation, the husband was ordered to pay the …

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Terminating Spousal Support: What Constitutes a Material Change in Circumstances?

An Ontario court recently considered a case where one party sought to terminate spousal support upon retiring. This decision looks at the various factors judges must weigh when determining whether or not there has been a material change in circumstances to justify varying an agreement for spousal support. What Happened? The parties began cohabiting in …

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