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Spousal Support Lawyers Toronto

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Empathetic, Results-Oriented, Spousal Support Lawyers

Unlike child support, the amount of spousal support (often referred to as alimony), can be difficult to quantify. Although the Department of Justice in Canada has created the Spousal Support Advisory Guidelines, these guidelines do not have the force of law and, instead, present flexible ranges rather than a set amount. It is also important for any alimony agreement to address issues such as: duration and form of payment, re-marriage and unemployment. For these reasons, it is critical to receive legal advice early in the process of separation, in order to ensure that you understand and protect your rights.

Serving six offices throughout Aurora, Barrie, Downtown Toronto, Mississauga, North York and Scarborough, the lawyers at Gelman & Associates believe in empowering our clients through education. We carefully review spousal support entitlements with our clients, in order to ensure they are able to make educated and informed decisions. All of our lawyers emphasize good lawyer-client communication and treating the client with the utmost respect. We advocate for the best potential alimony arrangements for our clients and are not afraid to get tough when necessary.

Entitlement to Spousal Support

The courts will consider a number of factors when deciding if an individual is entitled to spousal support, such as:

  • the financial means and needs of both spouses;
  • the length of the marriage or common-law relationship;
  • the roles of each spouse during their marriage or common-law relationship;
  • the effect of those roles and the breakdown of the relationship on both spouses’ current financial positions;
  • the care of the children;
  • the goal of encouraging a spouse who receives support to be self-sufficient in a reasonable period of time; and
  • any orders, agreements or arrangements already made about alimony
Facts About Spousal Support Myths About Spousal Support
  • As part of the Divorce Act, either spouse may seek spousal support when a married couple separates.
  • The duration of spousal support will depend on various factors, such as the length of time the spouses lived together or their ages at the time of separation.
  • Spousal support orders may only be modified by the court in cases in which either spouse has undergone an important change in circumstances.
  • Spousal support must always be paid by the person who earns more money, no matter what.
  • Spousal support must always be paid for the rest of the spouses’ lives.
  • Spousal support no longer needs to be paid once the recipient spouse re-marries or cohabits with a new spouse.

Contact Our Spousal Support Lawyers if you are going through a Separation or Divorce in Ontario

At Gelman & Associates, our experienced, knowledgeable, family law lawyers provide clients with the information they require to make educated decisions about spousal support. If necessary, we will also aggressively litigate on your behalf in order to ensure the best possible outcome of your case. In addition to the extensive web-based resources available to our clients, all prospective clients are given a comprehensive family law kit during their initial consultation, with ample information and resources to help individuals understand and navigate the separation and divorce process.

Serving six offices throughout Aurora, Barrie, Downtown Toronto, Mississauga, North York and Scarborough, our offices are easily accessible by transit and off-highway. In order to be accessible to clients and prospective clients, our phone lines are open Monday to Friday from 8 AM to 8 PM. Call us at (416) 736-0200 or 1-844-736-0200 or contact us online for an initial consultation.

Frequently Asked Questions

No. The court is able to impute income if it feels that one of the spouses could be making more money but is deliberately working below his or her capability. The rules that allow imputing income were created to stop deliberate attempts on the part of one spouse to avoid the financial responsibility of spousal support.

Provided nothing in the arrangement infringes on Ontario law, it should be perfectly valid. This is a complex area, so be sure to seek legal advice.

Spousal support is the financial support that one spouse might have to pay to the other for their financial assistance after their divorce or separation. It can also be called “maintenance” or “alimony.” Usually, it’s paid monthly, but it can be paid as a lump sum. One spouse may have to pay for spousal support if such payments meet one or more of the main reasons for setting this clause out in the Divorce Act, including:

  • To help a spouse in financial need arise from the breakdown of the marriage
  • To compensate a spouse for solely taking care of the children or child support
  • To compensate the one who uses their ability to earn income during the marriage

A wife may be entitled to spousal support, which is sometimes called “alimony” or “maintenance,” in a divorce in Canada. While spousal support is usually paid on a monthly basis, it can also be paid as a lump sum.

A spousal support award amount can be changed either on agreement of the parties or upon application to the court seeking a modification. An application for support award modification can be made when there is a significant and ongoing change in circumstance to one of the parties such as a loss of a job.

An unmarried couple who has children together may seek an award of spousal support. They may do so based on one partner having a financial need that resulted from the end of the relationship and the financial consequences arising from the care of the children.

A couple who is unmarried and have no children may also seek spousal support if they meet the cohabitation criteria under the Family Law Act of cohabitating together for at least 3 years.

Spousal support must be paid until either the conditions for stopping payment as laid out in the agreement or court order have been met, the order has been changed by a court, or you and your former spouse have agreed to change your agreement.

Still have family law questions?

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If you need legal advice regarding spousal support matters in Ontario, contact our Toronto family law lawyers for a free consultation. Some conditions may apply.

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