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Diane Daly - Oakville Law
Easing the Divorce Process
Spousal support is also referred to as maintenance or alimony.
If a married, or cohabiting couple decides to separate and divorce, they need to agree on what, if any, spousal support should be paid by one spouse to the other. If they can’t agree in a separation agreement, an arbitrator or court may decide on the terms
Full financial disclosure and information is required. One spouse may be entitled to receive alimony or spousal support payments from the other.
Under Ontario Law, both spouses have an obligation to support each other during their marriage.
After separation or divorce has occurred, both spouses have an obligation to become as financially self sufficient as is reasonable, in their personal situation. In many cases, though, spousal support or alimony is payable by one spouse to the other.
How much spousal support is payable, and for how long, will depend on a number of factors, including: the length of the marriage or cohabitation, whether one spouse was primarily responsible for raising the children, and the financial need of one spouse and the ability to pay by the other.
The team at Daly Law has 20 years experience in the field of family law including separations involving complex property division.
Spousal Support Ontario
Ontario Spousal Support
In Ontario, spousal support is governed by Ontario law (the Family Law Act) and by federal law (the Divorce Act).
If a marriage or cohabitation partnership breaks down, the partner with more income may need to pay alimony or spousal support to the other spouse.
Ontario law also expects adults to look after their own needs to the best of their ability.
The amount of the spousal support payment, if any, and how long it will be paid is determined by several factors. The law looks at how much the one spouse can afford to pay and how much the spouse asking for support needs.
There are guidelines to help the parties determine how much spousal support should be paid, and your legal counsel can help guide you to a fair and appropriate amount.
Spousal Support Ontario Canada
Laws governing spousal support in Ontario have evolved over the past years, so it is important to hire an experienced family law lawyer to help you with spousal support calculations and determinations.
Recent laws involving spousal support entitlement cover compensation to a spouse for the economic consequences that arose from the marriage.
There may also entitlements if one spouse became financially dependent on the other during the marriage or cohabitation. The lifestyle led during the marriage or cohabitation may also have a bearing on the spousal support entitlement.
With over 20 years of experience in family law in Ontario, Diane Daly can help you with issues of spousal and child support. Contact Diane Daly - Oakville Law at (905) 844-5883.