Spousal Support

Spousal Support

For couples facing divorce or separation, the amount of spousal support they receive or will need to provide is a top concern.
The Court may order a spouse to pay spousal support under either the Family Law Act  of the Divorce Act.   Both statutes set out criteria which are intended to guide the court in its award.
The three most difficult questions with respect to spousal support are entitlement, quantum and duration. Spousal support is awarded on the basis of several factors, including but not limited to:
    The education and employment skills of the spouses;
    Respective Incomes of the parties;
    Physical and emotional condition of the spouse seeking spousal support;
    Standard of living of the parties;
    The duration of the marriage or cohabitation;
    The ability of the supporting spouse to meet his/her own needs;
    The functions performed by each spouse during the relationship;
    The ages of both parties;
    Ability to be self-sufficient.
Although both the Family Law Act and the Divorce Act set out criteria which are intended to guide the court in its award, the area is a difficult one with frequently conflicting cases. A spousal support award calls for the exercise of the judicial discretion based on the application of the law to the facts of each case. There is no set formula for the amount of spousal support, although there are a set of non binding spousal support guidelines that judges and legal professionals use. 
Contact Durham Region Spousal Support Lawyers
People require the knowledge of an experienced spousal support lawyer to guide them given their special circumstances and individual concerns. For more information about spousal support in Ontario, contact Durham Region Family Law Lawyers at (905) 576-6090.