The True Facts About Spousal Support in Ontario

The True Facts About Spousal Support in Ontario

What do you need to know about spousal support in Ontario?

Imagine you are actually close to finalizing a separation agreement or settlement with your spouse that will finally put an end to all the fighting and bickering in your separation or divorce.

Then the dreaded subject of spousal support comes up in the discussions.

I will to give you a quick overview about what you need to know about the issue of spousal support in Ontario.

You have to understand that you will normally have to pay some spousal support to your husband or wife when there is big difference in income between the two of you.  For example, if you make $120,000 or more a year and your spouse only earns $35,000 a year, you will most likely have to pay spousal support to them.

You normally have to pay spousal support to your spouse if your relationship or marriage is at least a few years in length, such as five years or more.

The family court will review a number of factors to determine whether a spouse is entitled to spousal support and how much that support should be.

However, here’s the bottom line:  you will usually have to pay spousal support to your spouse when there is a big difference in income between you and your spouse and you have been married or in a common-law relationship for five years or more.

The court does examine various factors to help figure out the issue of spousal support in a separation or divorce.

The court will review the ability of a spouse to become financially independent after their separation.  Does a spouse need a few years to go back to school to improve their job skills?

How has a spouse contributed to the marriage or relationship?  In a recent case, the court awarded the wife $1000 a month in spousal support so that she could maintain a reasonable standard of living after the separation.  A higher court gave the wife an additional $500 a month for a total of $1500 a month in spousal support to recognize her contribution to her husband’s business success since she remained home to take care of their children and he could devote more of his time to his business.

The court will take into account whether you have to pay any child support to your spouse.

You will pay less spousal support when you are also paying child support after your separation.

The family court will also determine the length of time that you might have to pay spousal support.  You will have to pay spousal support for a longer period of time when you have been married or in a common-law relationship for 10 or 15 years or more.

You will also have to pay for a longer period of time when you spouse is 45 or 50 years of age or older.

The family court carefully reviews the range of spousal support amounts set out in the Spousal Support Advisory Guidelines.  These Guidelines set a low, middle and high range of spousal support payable in a case based on the incomes of the spouses, their ages, the length of the marriage or common-law relationship, and the number of children.

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

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