Divorcing Mothers: Know Your Spousal Support Rights
Going through a divorce is a stressful and emotionally overwhelming time. Both parties can get caught up in name-calling or verbal attacks.
However, amidst all the turbulent emotions, mothers going through a divorce need to keep certain things in mind. One of those things is their right to spousal support.
Canadian Laws on Spousal Support
Until 1968, there was no federal law in Canada that governed divorce. In 1986, the Canadian government changed the Divorce Act by reducing the separation period to one year. In addition to covering the separation period, the Divorce Act discusses the concept of spousal support, also known as alimony.
The idea behind alimony is that the partner who earns more money pays the other person money to remedy the income disparity between the two. In many cases, the lesser-earning partner is a woman, because she has taken time off to spend it with her children.
There might be times when that spouse isn’t entitled to support, though. In the case of the lower-earning spouse possessing significant assets, he or she might not be entitled to those payments.
How a Judge Determines Spousal Support Payments
A judge looks at several points when considering whether support should be paid. He or she will look at how much each spouse earns and their financial needs; how long the pair was married; which spouse served as the breadwinner and which as the caretaker; the effect of the divorce on each spouse’s financial situation; who will take care of the children; and any pre-existing arrangements about alimony payments.
While the goal of spousal support is to remedy income disparity, it is not meant to last forever. These payments are intended as a time-limited measure. Moreover, if the judge orders child support to be paid, that sum of money takes priority over spousal support.
Canada’s no-fault divorce law means that no matter what caused the marriage to end (for example, if one spouse cheated on the other), the spouse with the higher income still has the obligation to support his or her former partner (again, unless the judge rules otherwise).
Common Law Spouses
The federal Divorce Act doesn’t apply to common law relationships. Provincial or territorial laws cover those cases. If you are in a common law marriage that has come to an end, you might be entitled to spousal support. Whether you receive support or not might depend on how long the relationship lasted, which is spelled out in provincial and territorial laws.
Work with the Experts. Learn Your Spousal Support Rights
Are you a mother going through a divorce? You need to Contact our alimony lawyers at Fine & Associates Professional Corporation for more information about alimony or spousal support in Toronto. Our knowledgeable lawyers will aggressively protect your spousal support rights while fighting for the benefits you deserve!