A Guide To Spousal Support in Ontario. What You Need To Know.
Although most people enter into a marriage not thinking about their future divorce, approximately half of all marriages in Ontario will end in separation. There are a number of potential legal issues that can come up during a divorce or separation, and one of the most common is the subject of spousal support.
Whether you require spousal support or are expected to provide alimony, our family law attorneys are committed to advocating for your interests and securing a favorable outcome.
In Ontario, the calculation of alimony is guided by the Spousal Support Advisory Guidelines while providing flexibility for negotiation. Our spousal support attorneys in Toronto leverage these guidelines to assist our clients in making informed decisions and establishing favorable spousal support agreements.
What Is Spousal Support?
Spousal support refers to the financial support, when one spouse pays a certain sum to the other after a separation or divorce. These are typically monthly payments and are designed to help the recipient spouse maintain a decent standard of living after the parties separate. It is also possible for a payor to pay a recipient spouse lump sum spousal support in order to avoid the burden of having to pay ongoing periodic monthly spousal support.
How is Spousal Support Calculated in Ontario?
Spousal support is calculated based on a mathematic formula entitled the “Spousal Support Advisory Guidelines” (hereinafter the “SSAG”). Although the SSAG is not law, the courts have determined that calculations using the SSAG are very persuasive and are used all of the time to determine the quantum and duration of spousal support. The SSAG do not deal with entitlement to spousal support (that depends on the test as set out in the Divorce Act and the Family Law Act). Once entitlement is found, the SSAG is used to determine the quantum and duration of support. Due to the complexity of the formula the calculation of the SSAG requires computer software. As a result, it is best to consult with a family lawyer when determining the issue of spousal support in Canada.
The spousal support calculation formula considers the following factors:
- the age of the parties
- the incomes of the parties
- the duration of their relationship
- the number of children and their ages etc
There are two formulas used in the SSAG: one formula “With Child Support,” and another formula “Without Child Support.” The quantum of spousal support will differ if the payor also has a child support obligation.
The quantum of financial support is based on the difference between the two parties’ gross income for each year of marriage. The duration of support is based on the length of the marriage.
The “With Child Support” model of spousal support places an emphasis on the rights of the kids to have financial security before considering the spouse. For divorced or separated couples that have limited financial resources, and have children, alimony payments may be reduced in order to first meet the needs of the children.
The formula used to calculate spousal support with this model relies heavily on the Individual Net Disposable Income or INDI for each party. Factors that influence duration in the “With Child Support” model include the length of the marriage, the age of the recipient, and how long it will be before the youngest child finishes high school.
Guidelines to Qualify for Alimony Payments in Ontario
There are three distinct types of spousal support, all with different meanings and parameters:
- Contractual Spousal Support – this refers to an agreement between spouses that is usually written and entered into separation agreements.
- Compensatory Spousal Support – the scope of this type of support is to benefit both parties. It may be suggested if there was an economic disadvantage because of the marriage.
- Non-Compensatory Spousal Support – the scope of this type of spousal support is to help support the financial needs of the recipient spouse.
When deciding if a spouse is eligible to receive spousal support, a judge might weigh factors that include:
- The length of the marriage
- Financial means and resources of each spouse
- The roles of each spouse during the years of marriage
- Whether there are children, and where they will be residing
- If the supported spouse will be able to become self-sufficient within a reasonable timeframe
It’s also important to note that in Canada, divorce law is “no-fault”. Meaning, the specific reasons that ended the marriage have no bearing on someone’s legal obligation to support the other spouse. (E.g.. If a Husband is abusive, it does not mean that he pays more support. Similarly, if a recipient spouse has an affair, it does not disentitle the person from receiving support) .
Benefits of Hiring a Spousal Support Lawyer
Going through a separation or divorce is challenging at the best of times, without having to consider the complexities of alimony payments. That’s why finding an experienced spousal support lawyer can make a big difference. Not only will all of the calculations be made fairly and accurately, but also you can protect yourself. No matter which side of the situation you are on.
When you need a reliable spousal support lawyer in Toronto, get in touch with us at Fine & Associates today.