The Care of the Children: One crucial dimension considered by the court is the care, upbringing, and the role each spouse played in their child or children’s lives. Notwithstanding, the physical and mental energy expended by each spouse in tending to their offsprings’ welfare is also taken into account.
Contributions to Marital Property/Career: This factor considers the role that each spouse played in the building and acquisition of marital property. Any investment, either financial or otherwise, made towards the advancement of the other spouse’s career is also looked into.
Existing Support Agreements: Any previous or existing orders, agreements, or arrangements involving the spouses relating to spousal support provide a precedent for the court in the determination of a support amount.
Calculating Spousal Support
The interpretation and application of these factors to arrive at a spousal support amount is unique to each case. The court thoroughly examines each factor and weighs them based on their individual significance in the marital partnership. Our legal expert, Edward Carmichael, emphasizes that this process requires an intricate balance between the financial capacity of the paying spouse and the needs of the beneficiary. The court also employs the use of Spousal Support Advisory Guidelines (SSAG), designed to calculate a range of support, taking into consideration the incomes of the spouses, the duration of the relationship, and the presence of dependent children, among other factors.
Modifying Spousal Support Agreements
Yes, spousal support agreements can be reviewed and modified. The circumstances that call for a review include a significant change in the financial circumstances of either party, a breach of the agreement by either spouse, or the discovery of fraudulent information that was used in the initial calculation.
The Importance of Legal Expert Consultation
Deciphering the complexities of spousal support cases requires expert advice. Our firm, with experts like Edward Carmichael, ensures proper representation and advice in such cases. We help you understand the factors affecting your case, how spousal support is calculated, and the circumstances under which this agreement can be modified. With the knowledge and expertise we provide, you’ll be able to navigate the legal challenges and uncertainties of your spousal support case. We encourage you to reach out to us today for a consultation.
What is Spousal Support?
Spousal support, often referred to as alimony, is a form of financial support one spouse pays to the other after a divorce or separation. This is designed to recognize the spouse’s contribution to the marriage, alleviate any economic hardship on the spouse who is unable to support themselves, and help maintain the standard of living enjoyed during the marriage.
Spousal support isn’t automatically granted in every divorce or separation scenario. Whether you’re potentially on the giving or receiving end, it’s important to understand how Spousal Support in Ontario is determined.
Legal Framework for Determining Spousal Support in Ontario
Ontario’s spousal support rules are governed by federal and provincial laws, including the Divorce Act, the Family Law Act, and the Spousal Support Advisory Guidelines. These laws and guidelines outline who is eligible for support, how much support may be awarded, and how long support may be paid.
The key factors listed by these laws are then considered by the court in determining the type, amount, and duration of spousal support. A court order or formal agreement is often required to legally enforce the payment of spousal support.
Factors Considered by Court in Determining Spousal Support
The Income and Property of Each Spouse
The court will consider both the incomes and the properties owned by each spouse. This includes employment income, investment income, and assets such as real estate, vehicles, and personal belongings. The higher-earning spouse may be required to pay support to the lower-earning spouse.
The Needs and Other Circumstances of Each Spouse
Each spouse’s needs, including housing, food, clothing, and healthcare, are considered. If one spouse has greater financial need due to health issues, disability, or other circumstances, this may impact the amount of support awarded.
The Length of Time the Spouses Have Lived Together
The duration of the marriage or cohabitation can influence the amount and duration of spousal support. Generally, the longer the relationship, the longer the duration of support.
The Role of Each Spouse During Their Relationship
If one spouse sacrificed career opportunities to take on a homemaking role or support the other spouse’s career, this can be a factor in determining spousal support. This recognizes the unpaid work done by the spouse during the relationship.
The Effect of Those Roles and the Breakdown of the Marriage on Both Spouses’ Current Financial Positions
The court considers how the roles each spouse played in the marriage and the impact of the marriage’s breakdown on their current financial situations. For example, if a spouse stayed home to raise children and now has a lower earning capacity as a result, this might be a factor in a spousal support award.
Understanding how spousal support is determined can be complex. Seek legal advice to navigate these considerations and safeguard your rights and interests. Our legal team is experienced in Family Law in Ontario, including calculating spousal support and representing clients in court. Get in touch for a consultation.
