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Spousal Support

Spousal support is paid by one spouse to another after a separation or divorce in order to ensure the recipient spouse does not suffer financial difficulties due to the breakdown of the relationship. In many cases, one spouse may have foregone income during the relationship in order to support the other spouse, or raise the couple’s children, and would therefore face a significant financial burden without this support. In other cases, spouses or partners may have drastically different levels of income, and so the individual with higher income will pay support to the spouse with a lower income while they become more self-sufficient.

At Juzkiw Law, our team represents clients on both sides of spousal support disputes. Since our inception we have experience to navigate various support matters, and we use our considerable experience to protect our clients’ rights, whether they are the payor or recipient of spousal support. We understand that financial matters, particularly financial insecurity, can bring added stress to the already complicated separation process, and we work to resolve these matter quickly and favourably for our clients, so they can keep their dignity and move on with their lives.

Spousal Support Expectation can be Pre-determined in a Family Law Contract

It is possible for a couple to avoid a dispute at the time of separation by pre-determining each person’s rights and obligations surrounding spousal support in advance. By including this matter in a cohabitation agreement or marriage contract, a couple can opt to set out specific terms regarding spousal support or forego the right to spousal support altogether. The can be a considerable benefit in the event of a separation by removing a potential area of dispute in advance.

When a couple decides to get a divorce, one of them should get spousal support from the other part. Independent if were in a legal married or common-law relationship, you can get spousal support. However, if you were not legally married, to get spousal support, you must have lived together as a couple:

  • For at least 3 years or
  • For any length of time if they were in a relationship of “some permanence” and had a child together.

To get spousal support, you need to negotiate with the other part and make an accord written into a separation agreement. Most of the time, because of all the issues about divorce, it won’t be easy to get an agreement. So, Juzkiw Law Firm can help you reach an agreement. But if the spouses cannot agree, a judge should decide.

In a judgment, when the judge decides there is spousal support, he decides the amount of support and for how long it must be paid.

The judge will evaluate things about the relationship for spousal support such as:

  • The duration of the relationship;
    Whether there are children and what arrangements have been made for them;
  • What each of you contributed to the relationship;
  • The financial situation and the age of each spouse
  • Determining Entitlement to Spousal Support

In cases where there is a dispute, entitlement to spousal support must be agreed upon between the parties or determined by a court or Family Law Arbitrator. Therefore, entitlement to spousal support must be first established. Once established, spousal support may be based on the needs of the spouse, the ability of the other spouse, the ability of the other spouse to pay and other circumstances. Spousal support may also be granted on a compensatory basis or on a lifestyle established during the spousal relationship.

The amount of spousal support is often calculated based on the Spousal Support Advisory Guidelines. These Guidelines take a number of factors into consideration, including the income of both spouses from all sources, child support payable, and the amount of net disposable income in each of the households.

The duration of support will depend on a number of factors including the length of the spousal relationship, the age and level of dependency of children, and if and when the recipient spouse will be able to become self-supporting.

Note that child support is given priority, and as such will always be calculated first before spousal support is considered.

Spousal Support Applies to Married and Common Law Spouses

Spousal support may be warranted in a common law separation but is most commonly associated with married relationships. In order to be deemed common law for the purposes of spousal support, a relationship must satisfy the following criteria:

  • The couple must have cohabitated as a couple for at least three years; or
  • If they have a child together, the couple must have been in a relationship of some permanence

A common occurrence with cases involving spousal support as it applies to common law is the delineation of whether the couple has children together or not. For example, if a couple has been together for less than one year and has a child, the courts may be more inclined to award support.

Beyond establishing a common law relationship to demonstrate that spousal support is warranted, the potential recipient must be able to show that:

  • They were required to limit their own career or income during the relationship due to family responsibilities, such as child-rearing or supporting their spouse;
  • They will face financial difficulty on their own due to the separation, and their spouse has enough assets to provide support; or
  • There is an agreement in place, such as a cohabitation agreement, which sets out spousal support obligations in the event of a separation.

Contact the Divorce Lawyers at Juzkiw Family Law for Representation in Spousal Support Disputes

At Juzkiw Law, our team is dedicated to resolving spousal support disputes for our clients in accordance with their rights under the law. We strive to ensure our client understands their obligations and pays only what is fair and reasonable within the law and that he or she receives all of the support to which they’re entitled. If you are looking to establish spousal support expectations as part of a marriage or cohabitation agreement, we will ensure that you are aware of rights and don’t unintentionally give up those rights.

Our team is well versed in educating and navigating you on the applicable factors unique to your circumstances that will likely lead to the best outcome in your matter. At Juzkiw Law, our team will start your case off on the right track and at the same time navigating you through this complex process.

From our office in Toronto, we assist clients from across the Greater Toronto Area, extending out to Mississauga, Brampton, Caledon, Whitchucrch-Stouffville, Woodbridge, Maple, Kleinburg, Caledon, Concord, Vaughan, Bolton, Nobeton, Markham, and Etobicoke and all areas in between with spousal support matters.

To discuss your circumstances and learn about the options available to you, please reach out to us online or by phone at 416 290 5055.