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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 »

Most Recent FAQs

Who has the right to stay in our home after we separate?

The answer to this question depends on whether you are married or common law spouses. Married spouses have different rights than common law spouses. Married spouses who separate have an equal right to stay in what is referred to as “the matrimonial home”. This is the home and you and your spouse reside in before the date of separation. Unlike married spouses, common law partners do not have a legally recognized matrimonial home.

As both married spouses have an equal right to the matrimonial home, even if your partner is the... MORE »

Is there a time limit on property division?

In short, yes. If you and your spouse disagree on how your property were divided, you may need to ask the court to assist in solving your dispute. However, you must ask the court to intervene within a certain amount of time after your date of separation. The time limit for an equalization payment is 2 years after you divorce, or 6 years after you and your partner separate.

... MORE »

Is anything exempt from the equalization of net family property?

Yes. Here is a quick outline of commonly exempted assets:

  • If you have received any inheritance or gifts during the course of your marriage, and they have not been spent or allocated to any shared assets, the amount received or left over is exempt.
  • If you owned any assets prior to the date of your marriage, their value will be exempt.
  • If you have a marriage contract that outlined specific assets as exempt, they will likely be exempt.
  • If you have received any payouts for personal injury or pain and suffering, they will likely... MORE »

Is it easiest to just give my spouse half of everything we own?

Canadian law outlines that couples that are married are required to equally share the wealth accumulated during a marriage, based on the date of separation. However, the equalization of net family property takes into account the assets owned by each partner at the time of the marriage and the end of the marriage. One of the parties may be entitled to more or less of the property based on this process.

So, as with many issues in family law – the answer to this question is not simple. It depends on... MORE »