Ending a marriage or a common-law relationship brings many changes, especially when it comes to finances. If one of you had to quit or sideline your career to take care of kids, you might worry about your finances after separation. The Canadian law mandates Spousal Support in this situation to bridge the financial gap and offer some stability.
In Ontario, spousal support is determined based on the Spousal Support Advisory Guidelines (SSAG). A lot of factors play a role in determining the amount, including:
- Financial situations of both spouses, including past, present, and future circumstances
- Contributions and sacrifices in career or finances made by the spouse requesting support
- Duration and nature of the marriage or cohabitation
- Roles and responsibilities related to home and childcare
- Children’s ages and their particular needs during the divorce
- Any pre-existing arrangements, such as prenuptial contracts, between the spouses
In many cases, divorcing or separating couples are able to negotiate the terms of spousal support through mediation, collaborative law or informal discussion. Always consult with a family law lawyer in Whitby to ensure that your rights and interests are protected throughout this process.
If you have questions about Spousal Support in Whitby, please contact us for a free first consultation.
Some commonly asked questions:
1. How long does spousal support last?
Spousal support can either be a lump sum payment or paid out monthly. It usually lasts until you get married again or as per terms set in your prenuptial agreement.
2. Can spousal support be adjusted if my financial situation changes?
Yes, spousal support can be amended but will need a court hearing. You may request for a lower support amount or temporary cease if you’ve lost your job or part of the income or took up a lower paying job.
3. How does spousal support work if my ex-partner is self-employed and hides their income?
If your ex-partner is self-employed and you suspect they’re hiding income, it can complicate spousal support. Make sure to bring this to the court’s attention. They will direct them to reveal all earnings and even involve a forensic accountant if needed.
4. Can I still receive spousal support if I remarry or enter a new common-law relationship?
Remarrying or entering a new common-law relationship doesn’t automatically end spousal support, but it can impact the amount. If you have young kids that still need your attention and care, the court may choose to extend the support terms.
5. What happens if my ex-partner moves out of Ontario? Does spousal support still apply?
Yes, spousal support obligations continue even if your ex-partner moves out of Ontario or Canada. The federal government has reciprocal agreements with other provinces and many countries to make sure that you receive the support. If you need more information, please feel free to reach out to us.