Are You Paying Too Much Spousal Support?

Are You Paying Too Much Spousal Support?

Can you guess what could happen if you have to pay spousal support but your spouse is not earning enough money when they could earn more money in a job?

This is the story of what happened to Antonio and Marta.  They were married for 27 years when they separated.  They have two grown children: a 31-year old son and 24-year old daughter.  During the marriage, Marta stayed at home and cared for the children and the home.

One thing that you can learn from the situation of Antonio and Marta is…

But, before I explain what you can learn, let me clearly point out that a spouse has an obligation to pay spousal support when the parties have been married for a number of years and there is a big difference in their incomes.

In fact, a spouse cannot intentionally work less than they are capable of working for the purpose of figuring out their income.  That simply means that a spouse cannot purposely make less money when could earn more money in their job or they are capable of earning more money at a better job.

A spouse also cannot be working at all and earning no money when they are quite capable of working in the first place.  In this situation, the spouse is intentionally unemployed.

Ontario family court will impute or attribute a certain level of income to a spouse when they are intentionally underemployed or they have decided not work at all when they can work.

However, one exception to this principle is when a spouse is intentionally underemployed or not working as a result of legitimate health needs.

What spouse’s can learn from the separation of Antonio and Marta is that a spouse who is entitled to spousal support must take reasonable actions to work at a reasonable level of income, given their skills and capabilities.

If they don’t take these reasonable actions, they could easily find that their spousal support is a lower amount than it might otherwise be.

In Marta’s situation, the family court found that she did not have to work at this point in  time as a result of her health conditions.  However, Marta was not following her doctor’s advice on medical treatment.  The court did not find that reasonable at all.

The court explained that failing to pursue many of the available treatment options has essentially guaranteed that Marta is at present unable to pursue any employment, planning, or training.

In this situation, the court awarded Marta spousal support on the lower end of the range since she was not pursuing reasonable medical treatment options which could lead to employment for her.

Make sure you spend some time with your family lawyer discussing this important issue in your separation or divorce.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office.  You can leave a message on my Facebook law office page or call me directly at 905-434-8837.  We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group?

Go here to find out more: Durham Region Separation and Divorce Legal Support Group