When Should A Spouse Stop Paying Spousal Support?

When Does A Spouse Stop Paying Spousal Support?

When should spousal support end?

That’s a very important question for many spouses after they have separated or divorced.

Hi, my name is Thomas O’Malley.  I’m an experienced family lawyer in Durham Region and the GTA.

Let’s see what happened to Eugene and Donna in this situation.  Eugene and Donna were married for 14 years when they separated.  They lived together for 3 years before they were married.

Eugene paid $2200 a month in spousal support to Donna.

He now says “enough is enough” as he says that he has paid more than $500,000 to Donna including the equalization payment since the parties separated.  He strongly feels that Donna should self-sufficient.

Eugene wants to stop paying spousal support to Donna now.

One thing you can learn from Eugene and Donna is…

But, before I explain what you can, let me point out that you want as much as possible to put a “review of spousal support” term or clause in a court order or separation agreement.

Why is a “review of spousal support” term so important?

If you try to change spousal support after you have been paying it for a few years, you usually have to change a significant or big change in circumstances to justify lowering or ending spousal support.

However, when you put a “review of spousal support” clause in a court order or separation agreement, you do not face such a high burden to change the spousal support amount or end it.

In fact, you do not usually have to show any change in circumstances to justify changing spousal support when you have a “review of spousal support” clause.

The court looks at various factors to determine the amount of spousal support and how long spousal support should be paid.

These factors include economic or financial disadvantages arising from the marriage or relationship and its breakdown, who did the child care during the marriage or relationship, relieving economic hardship arising from the breakdown of the marriage or relationship, and the goal of financial self-sufficiency.

In the story of Eugene and Donna, the judge found that Donna’s spousal support should end in 3 years so that she received a total of 12 years of spousal support from Eugene.

This would give Donna a chance to become self sufficient in her new career.

The main lesson to learn from Eugene and Donna is to carefully review the issue of spousal support when you try to settle this issue in your separation or divorce.

Be fair when you deal with this issue and both spouses can get reach a reasonable agreement on this important topic.

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, visit my website at www.canadiandivorcelegaladvice.com, 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?

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