Ontario Spousal Support Lawyers

Financial Support for Separating or Divorcing Spouses in Toronto and the Surrounding Areas

Section 33 of the Family Law Act (FLA) and Section 15 of the Divorce Act (DA) give the court the authority to order a person to provide support for his or her dependents and determine the amount of spousal support in Ontario, Canada.

Only individuals who are married may apply for spousal support under the DA. Individuals who are both married and common law may apply for spousal support under the FLA.

What is Considered a Spouse?

Even if you are not married, you can be defined as a “spouse” under s. 29 of the FLA for the purposes of spousal support. According to s. 29 of the FLA, spouses include:

• Two persons who are married to each other;
• Two persons who have entered into a marriage that is voidable or void, in good faith on the part of the person relying on the clause to assert any right;
• Two persons who are not married to each other and have cohabited continuously for a period of not less than three years; or
• Two persons who are not married to each other and have cohabited in a relationship of some permanence, if they are the natural or adoptive parents of a child.

Find out whether you will be required to pay or are entitled to receive spousal support. Call (905) 581-7222 today for a free consultation with a spousal support lawyer in Ontario.

How Does the Court Determine Spousal Support in Ontario?

Provided that an individual fits into one of the categories of spouse defined in the FLA, he or she may be eligible for spousal support.

The following factors are taken into consideration when determining the duration and quantity of spousal support, under s.33 (9) of the FLA:

• The dependent’s and respondent’s current assets and means;
• The assets and means the dependent and the respondent are likely to have in the future;
• The dependent’s capacity to contribute to his or her own support; and
• The respondent’s capacity to provide spousal support.

Similar factors are considered under s. 15.2(4) of the DA. These include:

• The means of each spouse;
• The needs and other circumstances of each spouse;
• The length of time the spouses cohabited;
• The functions performed by each spouse during cohabitation; and
• Any order, agreement or arrangement relating to support of either spouse.

Spousal Support Advisory Guidelines

It is common practice to calculate spousal support based on the Spousal Support Advisory Guidelines (SSAG). SSAG is not based on mandatory or legislated guidelines. Basically, the lawyer inputs the parties’ salaries and all relevant information such as duration of the marriage, age of the parties, which individual has custody of the children, and age of the children to arrive at figures indicating how much spousal support should be paid. The Court will look at the calculations and decide what is applicable and fair.

It is in our experience that judges will first apply the law regarding spousal support and use the SSAG to determine that this calculation makes sense. However, judges are not required to follow SSAG and there is room for discretion.

To speak with our experienced Ontario spousal support lawyers, give us a call at (905) 581-7222 or contact us online today. 

Understanding the Importance of Spousal Support

Spousal support is a crucial aspect of divorce or separation proceedings. It is designed to provide financial assistance to a spouse who may have been economically disadvantaged during the marriage or who may require support to maintain a certain standard of living post-divorce. Our experienced Ontario spousal support lawyers can guide you through the complexities of spousal support laws and help you understand your rights and obligations.

Key points to consider about spousal support include:

• Factors that influence the determination of spousal support
• Calculating the amount and duration of spousal support payments
• Options for negotiating spousal support agreements
• Enforcing or modifying existing spousal support orders

Whether you are seeking spousal support or are being asked to pay spousal support, it is essential to have knowledgeable legal representation to protect your interests. Contact our Ontario law firm today for personalized guidance on spousal support matters.

Understanding the Spousal Support Process

Navigating the spousal support process can be daunting, especially during the emotional upheaval of separation or divorce. At Feldstein Family Law Group, we believe that knowledge is power. Our experienced lawyers are dedicated to guiding you through each step, ensuring you understand your rights and obligations.

Here’s what you can expect during the spousal support process:

• Initial Consultation: We start with a comprehensive evaluation of your situation, discussing your financial needs and the specifics of your relationship.
• Documentation: Gathering necessary financial documents is crucial. We assist you in compiling income statements, tax returns, and other relevant paperwork.
• Negotiation: Our skilled negotiators work to reach a fair agreement, whether through mediation or direct negotiation with the other party.
• Court Proceedings: If an agreement cannot be reached, we are prepared to represent you in court, advocating for your best interests.
• Ongoing Support: Even after a support order is established, we remain available to address any changes in circumstances or disputes that may arise.

By choosing Feldstein Family Law Group, you gain a partner who is committed to making this process as smooth as possible. Our goal is to ensure that you receive the financial support you deserve while minimizing stress during this challenging time.

Spousal Misconduct & Spousal Support

In Ontario, the obligation to provide spousal support exists without regard to the conduct of either spouse, but the court may, in determining the amount of support, have regard to a course of conduct that is so unconscionable as to constitute a gross repudiation of the relationship (s. 33(10)) of the FLA. A repudiation of the relationship is a test with a very high threshold; therefore, the conduct of each spouse is generally not considered when determining spousal support. Spousal misconduct is not considered under the DA when making an order or interim order for spousal support (s. 15.2(5)).

How Our Experienced Ontario Spousal Support Lawyers Can Help 

When navigating the complexities of spousal support, having a dedicated and experienced legal team by your side can make all the difference. At Feldstein Family Law Group, we understand that each case is unique and requires a tailored approach. Our knowledgeable lawyers are committed to advocating for your rights and ensuring you receive the support you deserve during this challenging time.

Here’s why you should choose us:

• Personalized Attention: We take the time to understand your specific situation, providing you with customized legal strategies that align with your goals.
• Experienced Negotiators: Our team has a proven track record in negotiating fair spousal support agreements, striving for outcomes that benefit our clients.
• Comprehensive Legal Support: We guide you through every step of the process, from initial consultations to court appearances, ensuring you feel informed and confident.
• Client-Centric Approach: Your well-being is our priority. We are here to listen to your concerns and provide compassionate support throughout your legal journey.
• Community Reputation: Our firm is well-respected in the Markham area, known for our integrity and commitment to achieving favorable results for our clients.

Don’t navigate the complexities of spousal support alone. Let the Feldstein Family Law Group be your trusted partner in securing the financial support you need. Contact us today for a consultation and take the first step towards a brighter future.

Learn more about spousal support and your rights or obligations. Call (905) 581-7222 or contact us online today for a consultation with our experienced Ontario spousal support lawyers!

We serve Toronto, Mississauga, Vaughan, Oakville, Markham, and the surrounding areas in Ontario, as well as Aurora, Newmarket, King City, and other surrounding areas in the York Region.

Frequently Asked Questions About Spousal Support

At Feldstein Family Law Group P.C., we understand that navigating the complexities of spousal support can be overwhelming. To help you better understand your rights and options, we’ve compiled a list of frequently asked questions that address common concerns regarding spousal support in Ontario.

1. How long will I receive spousal support?

The duration of spousal support varies based on several factors, including the length of the marriage, the financial situation of both parties, and any agreements made during the divorce process. Our experienced lawyers can provide guidance tailored to your unique situation.

2. Can spousal support be modified?

Yes, spousal support can be modified if there is a significant change in circumstances, such as a change in income or employment status. Our team can assist you in navigating the modification process to ensure your needs are met.

3. What if my spouse refuses to pay spousal support?

If your spouse fails to comply with a spousal support order, there are legal avenues available to enforce the order. Our firm is equipped to help you take the necessary steps to secure the support you are entitled to.

4. Is spousal support taxable?

In Canada, spousal support payments are generally taxable for the recipient and tax-deductible for the payer. It’s important to understand the tax implications, and our legal team can provide clarity on how this may affect your financial situation.

For more personalized answers to your questions and to discuss your specific circumstances, contact us today for a consultation. We are dedicated to helping you achieve a fair resolution and ensuring that your rights are protected throughout the spousal support process.