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Featured Question

If my spouse’s income has increased can I request additional support?

If your spouse’s income has increased dramatically then you may be able to request an increase in support. The court will base such a request on whether there has been enough of a “change in circumstance” to justify increasing your support payments. The court will also ask if increasing your support payments is in line with the objectives of the spousal support advisory guidelines.

If an increase is warranted by the spousal support advisory guidelines then the court may decide to order a new amount by looking at the new circumstances... MORE »

Most Recent FAQs

I never got married but I did live common-law. Do I qualify for spousal support?

Yes. If you qualify as a spouse under the Family Law Act then you can receive spousal support. Under the family law act all spouses whether married or common law can receive support in exactly the same manner.

Under the Family Law Act you will qualify as a spouse under section 29 of the act if you have cohabitated with a partner on a continuous basis for at least 3 years or longer. You may also qualify as a spouse if you engaged in a relationship of some permanence and you... MORE »

Is a separation agreement written in 2002 binding today?

Separation agreements outline each spouse’s rights in regards to major issues such as support payments, property, and custody and access (Family Law Act s. 54). Separation agreements become legally binding contracts once they are signed, and should not be taken lightly as they can have a large impact on the future of the entire family. Once signed, both parties must respect and follow the contents of the agreement. There is no limitation period on separation agreements; however, other factors play a role in determining whether the agreement may be set... MORE »

My spouse has a new partner, can I stop paying support?

Spousal support is usually based on one of two things. First, if your spouse “needs” support in order to maintain a similar lifestyle as they enjoyed during your marriage and second, if your spouse is entitled to support to “compensate” them for playing a role in the marriage which caused them to be less qualified to earn an income.

If your spouse remarries, then if their support is based on “need” there will be a greater effect on your required support payments then if it is based on “compensation”. This is... MORE »

What is Collaborative Divorce all about?

Collaborative Divorce is about cooperating to solve your problems instead of fighting about it. The idea behind the collaborative process is to look at both parties’ goals and interests and try to address those to come up with a solution that can then be brought into compliance with the law rather than for both parties to hire lawyers and begin arguing about exactly what each party is entitled to.

This can be a great solution for parties who are able to focus on finding a solution rather than enforcing their rights.... MORE »