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Posts from the ‘Spousal Support’ Category

Do common law spouses qualify for spousal support?

Common law spouses are still legally entitled to spousal support, as long as they qualify as spouses under the Family Law Act. This act outlines that all spouses, even common law, are able to receive support.

Common law spouses are defined as partners who have cohabited continually for at least 3 years or more. If you and your partner have a child together, you may also qualify as common law partners as long as your relationship was somewhat permanent.

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How do I change the amount of spousal support in a separation agreement?

If you wish to change the amount of spousal support outlined in a separation agreement, you will have to show the court that there has been a “material change in circumstances.”

This threshold can be met by changes such as a remarriage of your partner, a change in income, a lapse in time over which your spouse should have become self-sufficient, or changes to your children’s circumstances.

If your separation agreement included provisions regarding any of these situations, you may still be bound by what it states. However, your separation agreement could... MORE »

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 »