When people get divorced or separated, it is common for one party to take out a life insurance policy in order to fulfill any child or spousal support obligations they may be unable to make in the event of their death. In a recent case heard before the Ontario Superior Court of Justice, the court …
Read MoreAfter 30 years, it might be safe to assume that a divorce is well in the former couple’s rearview mirror. However, life is full of change, and those changes can sometimes have an impact on agreements made during a separation or divorce. This was demonstrated in a recent decision from the Court of Appeal for …
Read MoreAn 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 …
Read MoreThe 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 …
Read MoreA 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 …
Read MoreAn 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 …
Read MoreAn 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 …
Read MoreA 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. …
Read MoreIn 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 …
Read MoreAn 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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