Spousal Support
Spousal support can be one of the most contentious issues in a separation. We’re here to help.
Whether a spouse is entitled to spousal support is a complex legal issue. Entitlement is not automatic despite the Spousal Support Advisory Guidelines (SSAG). A spouse must demonstrate on a balance of probabilities that he or she is entitled to receive spousal support from the other spouse. Once entitlement is established, only then do you look at the quantum, meaning the amount to be paid and the duration.
Entitlement can either arise from the circumstances of and roles adopted during a marriage or from a common-law relationship. The determination of entitlement to spousal support is grounded in the circumstances of the relationship and its breakdown, and is therefore fact-specific. No two cases are exactly the same.
It is for this reason that obtaining advice from a lawyer to assess whether you or your spouse are entitled is so important. Here at Holam Law PC, we have the experience and expertise to guide you through this analysis and to help resolve issues of spousal support.
In Ontario, once entitlement is established, the Spousal Support Advisory Guidelines become a useful tool to assess the entitlement, duration and quantum of spousal support. The SSAG generally produce calculations, or ranges, of spousal support having regard to the individual factors of the relationship and its breakdown.
Because the SSAG are simply guidelines, it is not mandatory for the courts in Ontario to follow the spousal support ranges recommended by the SSAG.
Factors generally taken into consideration by the SSAG are the individual circumstances of your relationship, for example, the length of cohabitation, the ages of the parties at separation, whether child support is payable, income of the parties, retirement and other various factors. No two cases are exactly the same.
It is for these reasons that it is important to consult with a family law lawyer when you believe spousal support may be an issue in your separation.
Income for child and spousal support purposes does not necessarily equate to the income you report to the Canada Revenue Agency on an annual basis. Income for the determination of spousal support can be much more complex and challenging if you or your spouse own a business, earn interest and investment income, or have capital gains, or are the beneficiary of a trust.
Any failure to fully disclose income, finances, and income producing assets, can lead to some serious legal consequences, including but not limited to loss of credibility, inaccurate awards of spousal support and additional legal costs.
The legal team at Holam Law PC can assess your financial disclosure needs and will provide you with the accurate legal advice needed to resolve issues of spousal support.
Our family lawyers are prepared to guide you through the following other areas:
The first step in resolving your family dispute is to contact us for a consultation so we can better understand your circumstances. Consultations can take place by telephone or Zoom.
Call us at 365-608-6161, email us at info@holamlaw.com, or fill out the form below to schedule an appointment today.