Toronto Family Lawyers Representing Families with Spousal Support
Spousal support, also known as alimony, is a critical aspect of family law designed to provide financial assistance to a spouse following separation or divorce. At Devry Smith Frank LLP (DSF), our experienced spousal support lawyers are committed to helping you understand your rights and responsibilities regarding spousal support. We offer guidance to help make support arrangements fair, legally compliant, and tailored to the specific needs of your situation.
Determining Spousal Support
The determination of spousal support in Ontario is guided by several factors, including the length of the marriage, the roles and responsibilities each spouse assumed during the marriage, the financial needs and resources of both parties, and any agreements made between the spouses. The Spousal Support Advisory Guidelines (SSAG) provide a framework for calculating the amount and duration of spousal support. Our lawyers consider all relevant factors to determine that the support amount is fair and appropriate for your situation.
Types of Spousal Support
There are different types of spousal support that may be awarded, including:
- Compensatory Support: Designed to compensate a spouse for sacrifices made during the marriage, such as career opportunities forgone to care for children.
- Non-Compensatory Support: Based on financial need, it provides support to a spouse who is unable to support themselves adequately after the separation.
- Contractual Support: Arises from agreements made between the spouses, either prenuptial or during the marriage, regarding spousal support.
Our lawyers work with you to determine which type of spousal support is necessary to meet your needs.
Modifying Spousal Support Orders
Circumstances can change after a spousal support order is made, and it may be necessary to modify the order to reflect these changes. Significant changes in income, employment status, or financial needs of either party can warrant a modification. Our lawyers at DSF can help you understand the process for modifying spousal support orders and represent you in court to adjust the order as needed. This helps maintain that the support arrangement remains fair and appropriate over time.
Enforcing Spousal Support Orders
Ensuring compliance with spousal support orders is essential to maintaining financial stability. If a spouse fails to meet their spousal support obligations, legal enforcement actions may be required. These actions can include garnishing wages, seizing assets, or other legal measures to ensure that payments are made. Our lawyers at DSF are experienced in enforcing spousal support orders and will work diligently to ensure that you receive the support you are entitled to.
Why Choose DSF for Spousal Support Cases
When dealing with spousal support matters, having knowledgeable and compassionate legal representation is crucial. At DSF, we offer:
- Extensive Experience: Our lawyers have a deep understanding of spousal support law and have successfully handled numerous cases.
- Tailored Strategies: We provide customized legal strategies that address your unique circumstances and goals.
- Strong Advocacy: We are dedicated to protecting your rights and advocating for your best interests, whether through negotiation or litigation.
- Clear Communication: We keep you informed throughout the process, ensuring you understand your options and the progress of your case.
- Proven Success: Our track record of successful outcomes in spousal support cases demonstrates our commitment to achieving favorable results for our clients.
We have multiple convenient locations in Toronto, Whitby, Barrie, and other areas to better serve our clients. Find the nearest office by calling 416-449-1400 or visiting our locations page. Trust DSF to provide the expertise and support you need to navigate spousal support issues effectively.
Spousal Support FAQs
It depends. The Spousal Support Advisory Guidelines provide for two formulas to calculate the amount and duration of child support that you might owe: the “with child” and “without child” formulas. Unlike the Child Support Guidelines, the SSAG’s are not legally binding and courts can decide to follow or depart from them on a case-by-case basis.
If you do not have children, the duration of support depends primarily on the length of your relationship. In general, you may have to pay six to twelve months of support for each year of marriage or cohabitation. Support is often ordered indefinitely in the following two circumstances:
- if you have been married or cohabited for more than twenty years; or
- if you have been married or cohabited for five years or longer and the years of marriage or cohabitation plus the age of the recipient spouse at the time of separation is equal to or exceeds 65 (the “Rule of 65”).
If you have children, then the amount and duration of support you may have to pay is subject to your ability to pay child support. If you are unable to pay both child and spousal support, child support will be prioritized and spousal support may be limited. The duration of spousal support is highly dependent on the length of your marriage or period of cohabitation, the age of your child(ren), and the age of your spouse (as the Rule of 65 also applies to the with child formula). If you had a long relationship, your children are young, and if your spouse is older, then you are more likely to be awarded the upper-end of the range of duration of spousal support.
Yes. Although married couples can only apply for spousal support under the Divorce Act, common law partners may be entitled to support under the Family Law Act. Section 29 of the FLA allows couples who (a) have cohabited continuously for a period of not less than three years or (b) are in a relationship of some permanence and share a child to make applications for spousal support.
No; spousal support does not automatically end when your remarry.
There are three grounds for entitlement to spousal support: compensatory, need-based, and contractual. Compensatory support compensates the recipient spouse for financial sacrifices made during the marriage; need-based support addresses the recipient’s spouse’s financial need arising from the breakdown of the marriage; and contractual support arises from the payor spouse’s obligation to pay support pursuant to a domestic contract. While compensatory support would not be affected by the recipient spouse’s remarriage, needs-based support (and contractual support, if the payor spouse’s contractual obligation depended on the recipient spouse’s financial need) would be.
If your remarriage eliminated or lessened the financial need which your spousal support award was based on, then your spouse could apply to the court to have your spousal support adjusted accordingly.
Spousal support does not automatically change or end after retirement; however, spousal support is subject to variation if the payor spouse’s ability to pay is reduced or if the needs of the recipient spouse have changed.
If the original support order did not take into account the payor spouse’s retirement and subsequent reduction in income, then the payor spouse can apply for a variation based on a material change in circumstances. However, courts may be reluctant to reduce support on the basis of retirement if they suspect that the payor spouse has retired early or is retiring to avoid paying support.
Courts also may reduce spousal support payments after retirement to avoid the issue of “double recovery.” Double recovery may occur if the payor spouse’s pension has been already been subjected to equalization and divided between the spouses, and then is counted again as income for support purposes when the payor spouse retires. If so, the recipient spouse essentially “double dips” and claims a portion of the payor spouse’s pension both during the initial division of assets and again as spousal support if the pension is considered as the payor spouse’s income. To avoid being unfair to the payor spouse, courts may reduce spousal support payments after retirement and exclude the payor spouse’s pension from their income for support purposes.
The “Rule of 65” states that when your marriage has lasted five years or longer and the years of marriage plus the age of the recipient spouse at the time of separation is equal to or exceeds 65, then the duration of spousal support is presumed to be indefinite. Indefinite means that the support order does not include a time limit for the support, not that support will necessarily continue forever or is not subject to variation and review.
Yes. There is no limitation period within which a spouse must apply for spousal support after a divorce has been finalized; however, given that one of the main grounds for spousal support is financial hardship after the marriage breakdown, your claim will likely be stronger if you file promptly.
Yes. As unmarried couples are also entitled to spousal support, a formal divorce is not required to obtain a spousal support order. You can also include a provision for spousal support in a separation agreement, which can be entered into between you and your spouse without going to court.
