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Posts from the ‘Spousal Support’ Category

How much spousal support must be paid?

If you or your spouse is entitled to spousal support, the amount that must be paid depends on a variety of factors. These factors include the incomes of the parties, the length of the parties’ relationship, the age of the parties, and the roles each party played within the relationship.

Other important factors include whether there was a marriage contract signed which outlined the amount of spousal support to be paid, and whether there were any special circumstances that occurred during the relationship that may affect the amount of support a... MORE »

How much spousal support am I entitled to?

This is a very complex question that depends on a variety of factors. The most important factors for the determination of spousal support will be as follows:

  • the incomes of the parties;
  • the length of the parties’ relationship and
  • the roles each party played within the relationship

Other factors include the age of the support recipient at separation, whether there was a marriage contract signed which included spousal support and whether there were any special circumstances which occurred during the relationship that create an entitlement or disentitlement to support.

Spouses will typically be entitled to... MORE »

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 »

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 »

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 »