Spousal support is a legally binding agreement set by a court or a written agreement between the spouses. While child support focuses on financial support for children, spousal support Oakville focuses on the financial needs of an ex-spouse.
Spousal support is a complex area for family lawyer, and it involves many factors, including:
- Length of the relationship
- Your income from all sources
- The role you played in the marriage or common-law relationship
- Your age, health, and future earning capacity
Being a family mediation lawyer has made me aware of how difficult divorce can be. That’s why I make it my mission to ensure that your experience is as smooth and fair as possible. I will work with you to ensure that all spousal support matters are handled with dignity and that you understand the legal process.
Do I have a right to spousal support?
If you’re going through a separation or divorce, you might be entitled to spousal support.
Spousal support is the financial aid that one spouse pays to the other after a separation or divorce. As part of the separation agreement, both parties will continue to maintain their standard of living after separation. Generally, the person who earns more provides spousal support to their spouse until they become financially independent.
Spousal support is different from child support in that it only applies to spouses, not parents of children. It also isn’t automatic. If you want alimony or spousal support, you must use it by filing an Application for Spousal Support with the court. Your ex-spouse will also get a chance to respond and make their application.
Determining if you are eligible for spousal support is complex and requires understanding Ontario’s family law system. An experienced lawyer can help you determine if you qualify for alimony, how much alimony you should receive, and whether your ex-spouse should pay spousal support.
Spousal support is often called "maintenance" or "alimony."
Family law governs spousal support in Ontario. The Act states that if one spouse should support the other, they may have to pay spousal support. Therefore, the Court will consider both spouses’ needs and their ability to contribute to those needs when deciding whether one party should pay spousal support, how much they should pay, and how long.
The main factors determining your eligibility for spousal support include:
- Your past financial contributions to the relationship
- The standard of living you enjoyed during your marriage
- Your current income and earning ability
Types of Spousal Support
Spousal support aims to assist the non-income earning or lower-income earning spouse to maintain the standard of living established during the marriage. Divorce cases can result in several types of spousal support:
Compensatory Spousal Support
In this case, one spouse receives spousal support as compensation for receiving most of the property in the divorce settlement from the other spouse. It means both spouses maintain a similar standard of living after their divorce.
Non¬compensatory Spousal Support
Non-compensatory spousal support may sometimes replace compensatory spousal support. Such assistance aims to allow the receiving spouse to support themselves. For instance, if that spouse took time away from their career to care for their loved ones and thus will find employment difficult during divorce proceedings.
Contractual Spousal Support
If one or both spouses had a prenuptial agreement before marriage, they might have agreed to specific terms regarding spousal support in that prenuptial agreement. In such cases, this contractual spousal support is legally binding and must be honored by both parties.
Considering a Mediator?
Spousal support is a common issue in divorce proceedings, and for a good reason: even if a split is amicable, it can be hard to agree on who should pay what. This is especially true because of the many laws governing spousal support.
Here at DM Divorce Mediation, I offer spousal support mediation services to help couples find the best possible solution for their families.
I know how difficult this process can be—even when both parties want the same outcome. I’ve developed a network of spousal support lawyer near me who can help you navigate the details and reach an agreement that works for everyone involved.
I can help you to value child and spousal support calculator.
The place to start when you’re working out how much money you or your ex-spouse will have to pay toward supporting your children is the Child and Spousal Support Calculator. Here, you can enter information about yourself, your spouse, and your children and get a calculation for how much money the parent who does not have primary custody will pay per month.