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Family Law: All You Need To Know About Spousal Support
January 10, 2022
Family Law: All You Need To Know About Spousal Support

Commonly referred to as alimony, maintenance, or partner support — spousal support is the amount paid either monthly or in a lump sum by one spouse to the other after separation or divorce. If you are parting ways from your partner, an experienced spousal support lawyer in Toronto can provide you with sound legal advice regarding such matters. Spousal support works similarly to child support. While settling such cases in the court, the judge decides the following factors:

 

  • Is one spouse entitled to spousal support?
  • Who pays the spousal support?
  • How much should be paid as spousal support?
  • How long should the partner support be paid for?

The person who usually pays spousal support is the one with a higher income. There are many reasons why the court asks one spouse to pay the other at the time of separation or divorce.

 

The following are some of the common reasons that spousal support is ordered:

 

  • To financially support the spouse who sacrificed their job or means of earning due to marriage.
  • To help the spouse raise their child or children.
  • To ensure sustenance of the spouse until they are capable of earning by themselves again.
  • To ensure that the spouse enjoys a similar standard of living after separation/divorce as he or she did during the marriage. 

 

The entitlement to and the amount of spousal support to be paid are some of the most significant areas creating disputes in the courts at the time of divorce. A judge decides on the amount of spousal support to be paid depending on the following factors:

 

  • Income of both the parties.
  • Age of both the parties.
  • The duration of the marriage or the adult interdependent relationship.
  • Responsibilities for the care of the children, if any.
  • Role of each partner during the marriage or the adult interdependent relationship.

 

The above factors are not an exhaustive list as everyone’s circumstances are unique.

 

In the case of non-married couples, a partner may be eligible to receive spousal support only under the following conditions:

 

  • Both parties have been a couple and lived together for three or more years; or
  • Both parties involved have a child together.

 

Compensatory, non-compensatory, and contractual are three entitlements under which you can get spousal support.

 

It is not always necessary to involve the court in spousal support settlements. Many people choose to settle such matters outside the court with the help of family law professionals.

 

Experienced family law professionals rely on spousal support guidelines and formulas to calculate the amount of spousal support to be paid. However, every couple’s situation is unique and an experienced family law lawyer can help you navigate the appropriate amount of spousal support for your case, if any. A family law lawyer can also help you figure out other nuances of spousal support, like the duration of the support and the medium of payment.

 

If you are looking for a family lawyer in Toronto to provide you with legal advice on spousal support, you can depend on us at Melekhovets Law. Contact us today to learn about everything we can do for you.