Ottawa Spousal Support Lawyers
In Ontario, either party in a married or common-law relationship may have a right to receive spousal support upon separation. Different factors will impact the amount of spousal support and the duration for which spousal support will be payable. Some of the factors evaluated include the length of cohabitation and/or marriage, age on separation, whether there are children of the relationship, roles assumed during the relationship and incomes,
Spousal support can be based on financial need (when there is a significant income differential between separating spouses), compensation for roles assumed during the marriage, or a combination of financial need and compensatory factors.
Sometimes a separating spouse may try to hide income. In these cases, a financial expert may be required to determine the actual income earned or available to a spouse. In certain circumstances, income may be imputed depending on the circumstances.
If court proceedings are required, a Judge may make an order for temporary (interim) spousal support. At trial, a Judge may also order either spouse to pay spousal support on a permanent basis. Both the amount and duration of spousal support will vary depending on the facts of each case.
The court’s and lawyers across Ontario have adopted the Spousal Support Advisory Guidelines which provides calculations that help determine the appropriate amount and duration of spousal support. However, even if the calculations determine that an amount of spousal support could be payable based on different household incomes post-separation, that does not necessarily mean that the factors exist to confirm that there is a spousal support obligation – factors such as financial need and compensation must also be examined and considered before a determination can be made that there is an entitlement to spousal support.
Separating spouses may enter into a settlement agreement, often called a Separation Agreement, or Minutes of Settlement (if a court application has been initiated) confirming the amount and duration of spousal support or waiving any rights to spousal support.
Spousal support payments will generally be tax deductible to the payor and taxable in the hands of the recipient. However, certain factors are required to ensure that intended tax consequences are enforced by the Canada Revenue Agency.
Westboro Spousal Support Legal Advice
To speak with a lawyer about a divorce, spousal support claim or obligation, or other family law matter, contact Coristine Law Office. Our office is conveniently located in Westboro and has free parking.