Spousal Support
Spousal support, also known as alimony, is financial assistance paid by one spouse to the other after separation or divorce. At Luk Law, our team experienced legal team will help you navigate the complexities of spousal support, ensuring fair and equitable arrangements.
What is spousal support?
Spousal support is intended to address the economic consequences of the breakdown of a relationship, particularly when one spouse has been financially dependent on the other during the marriage or common-law partnership. It is designed to assist the recipient spouse in becoming self-sufficient over time.
Who is entitled to spousal support and how is it calculated?
Spousal support entitlement, the amount, and duration is affected by various factors, including:
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Length of the Relationship: The duration of the relationship is a significant factor in determining the amount and duration of spousal support. Generally, longer relationships may result in higher and longer-lasting support obligations.
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Income Disparity: The difference in income between the spouses is a key consideration. The spouse with a higher income may be required to pay support to the lower-earning spouse to help maintain their standard of living post-separation.
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Needs and Circumstances: The financial needs and circumstances of each spouse, including their earning capacity, age, health, and childcare responsibilities, are taken into account when determining spousal support.
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Contributions to the Relationship: The contributions made by each spouse to the relationship, both financial and non-financial, are considered. This includes factors such as homemaking, childcare, and career sacrifices made to support the family unit.
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Spousal Support Advisory Guidelines (SSAG): These guidelines provide a framework for courts and individuals in calculating spousal support obligations and acts as a starting point for courts and in negotiation. Unlike the Child Support Guidelines, the amounts proposed by the SSAG are not mandatory.
How do I get spousal support?
Spousal support is not an automatic part of separation or divorce. In most cases, it is requested by the spouse with the lower income. You and your spouse can either:
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Negotiate spousal support payments as part of a Separation Agreement
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Ask a judge to decide, if you cannot agree, and they will determine the amount of support and how long it should be paid
Why choose us
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Legal Expertise: Our lawyers have extensive experience in spousal support matters and stay up-to-date on the latest developments in Ontario's family law legislation.
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Negotiation and Advocacy: We advocate for our clients' interests during spousal support negotiations, striving to achieve fair and equitable outcomes that address their financial needs and circumstances.
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Representation in Court: If litigation becomes necessary, our team provides skilled representation in court to protect our clients' rights and interests.
If you have questions about spousal support or need assistance with negotiating or enforcing a spousal support agreement, contact Luk Law to schedule a consultation with one of our experienced family law lawyers. We'll provide you with the legal guidance and support you need to navigate the complexities of spousal support.