Can Spousal Support Increase When Your Spouse Makes More Money? Part Two
Have you been trying to figure out whether you will have to pay your former spouse more spousal support since you are earning more income now after separation or divorce was finalized?
That’s definitely a difficult topic to handle!
Hi, my name is Thomas O’Malley. I’m an experienced family lawyer in Durham Region and the GTA.
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I discussed some of the key factors that the Ontario family court reviews in my previous video on whether a spouse’s post-separation increase in income justifies an increase in spousal support payments.
I will review some additional important factors in this video.
When the evidence in a spouse’s situation shows that the post-separation income increase is the result of a different type of job acquired post-separation, a reorganization of the payor spouse’s employment with new responsibilities, or that the increase is a result of significant lifestyle changes which the payor spouse has made since the separation, these factors go against the conclusion that the recipient spouse should share in the increase in income.
When the payor spouse’s post-separation employment advancement or getting a better job is related primarily to luck or connections which they made on their own, rather than on contributions from the recipient spouse, the claim for a share in post-separation income increases will be more difficult.
The court might also consider the amount of time that has passed since the separation as an indicator of whether the recipient spouse’s contributions during the marriage or relationship are causally related to the post-separation income increases.
Here’s another important point to keep in mind as well: Evidence that the payor spouse also made contributions to the recipient spouse’s career advancement or that the recipient spouse has not made reasonable steps towards financial self-sufficiency are also factors that would stop the recipient spouse from getting the benefit of a former spouse’s post-separation income increase.
In short, when your post-separation income increases are not that related to your job skills during your marriage or relationship or your spouse has not made any significant contributions to the advancement of your career, it’s much more likely that you will not have to share any post-separation income increases with your former spouse.
If you have any questions about your separation, divorce or family law case and you would like our help, feel free to contact me on my Facebook law office page, that’s O’Malley Family Law, or call me at 905-434-8837 and I’ll point in you in the right direction.
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