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Is It Ever Too Late To Seek Spousal Support?

Something you may often hear about in legal circles is limitation periods, which simply put, are the time limits required to bring an action in court. While many things related to family law that people may wish to settle in court are subject to limitation periods, spousal support is not. But that’s not to say …

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Court Refuses Wife’s Request to Set Aside a Marriage Contract

Can parties really rely on contracts they sign with respect to spousal support? In a recent case, an Ontario court considered a wife’s request to set aside a marriage contract she and her husband had signed approximately nine years before they separated. The Background The parties signed a marriage contract in May 2007, one day …

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Husband Seeks To Cease Spousal Support Upon Retirement

The obligation to pay spousal support is not always one that is easily accepted by the paying party. In fact, we’ve covered many situations in our blog where the paying party has tried to escape this obligation through means such as early retirement or underemployment. As a result, even if someone is legitimately expecting to …

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Wealthy Husband Ordered to Pay Wife Spousal Support of $30,000 per Month

In a recent case, an Ontario court considered the interesting question of how much spousal support should be awarded to a wife whose husband earned approximately $2,090,000 per year. The Parties’ Story The parties began to cohabit in December 2001, married in June 2006 and separated in May 2017. While the husband was a very …

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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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