Court Terminates Husband’s Obligation to Pay Spousal Support

In a recent decision, an Ontario court considered the interesting question of when it may be appropriate to terminate a spouse’s obligation to pay spousal support. The Parties’ Story The parties were married in June 1967 and divorced in September 1995. They had two children, who were now independent adults. In May 1998, the husband, …

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Determining Spousal Support: Who Qualifies as a “Spouse”?

In a recent decision, an Ontario court found that a woman was entitled to indefinite spousal support from her partner even though they had maintained separate residences. The Parties’ Story The parties began their relationship in October 2001 and separated in May 2015. Both parties had children from their previous marriages, but they had no …

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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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