- Read time: 4 mins
SPOUSAL SUPPORT
- Upon the breakdown of your relationship you may be entitled to receive spousal support or be required to pay spousal support either for a definite or indefinite period. Spousal support is a complex area of law and is based on many deciding factors such as:
- Length of your marriage or common-law relationship
- Difference in your incomes
- Income level of the prospective payor
- Whether career opportunities were missed due to the relationship
- Employment history and education of the spousal seeking support
- The ages of both spouses
- Health
- Future employment opportunities
- In general, the spouse/partner who finds himself or herself in a better financial position at the end of the relationship may have to pay spousal support.
- Spousal support like all other matters, can be negotiated and agreed upon by spouses and written into a separation agreement.
PURPOSE
- The purpose is for the spouse who is in need to:
- Maintain the same standard of living that they became accustomed to during the relationship
- Use the support to become self-sufficient to pay for training or education courses
- Have financial assistance while they seek employment
- Be compensated if they scarified career opportunities and income
DURATION & AMOUNT
- If a spouse/partner qualifies for spousal support, the other difficult questions of duration and amount need to be determined. There are Spousal Support Advisory Guidelines that are now commonly used as a guideline which provide a low, medium and high range of support that should be paid. These guidelines also suggest a range for the duration of support.
CHILD PRIORITY
- Of importance is the fact that the payment of child support has priority over spousal support. This means that the paying spouse may not have the financial means to pay spousal support as the child support payments exhausted his or her income.
GET THE LEGAL ASSISTANCE YOU NEED
Ms. Aloe offers flat rate separation agreements, court form packages and a class on the Family Law Rules to help you do it yourself.
LEGAL AID ONTARIO
If you qualify for legal aid you could be issued a legal aid certificate for a separation agreement or a certificate for mediation. To apply for legal aid call 1-800-668-8258.
Toronto
- 164 Redgrave Drive
- Etobicoke, ON M9R 3V7
- Tel: 416-278-2400
- aloelaw@ymail.com
Parry Sound
- P.O. Box 92
- Parry Sound, ON P2A 2X2
- Tel: 705-346-2563 (aloe)
- aloelaw@ymail.com