Spousal Support Guidelines & Laws
If you want to know more about the spousal support guidelines, you need to investigate the details in your particular area. However, there is a federal Divorce Act that spells out some of the rules for support. There will be a number of things under consideration.
Factors to Consider
Needs of the spouses
When a judge takes a look at the case, he or she will have to look at what each spouse needs in order to support themselves.
Length of the Marriage
If the marriage lasted quite a few years, spousal support is more likely to be awarded.
Roles of the Spouses
If one spouse worked while the other spouse stayed home with children, that will be considered. If both spouses work, but one is the main financial support system for the family, that may also give way to spousal support.
Child Care
Judges will take under careful consideration the care of children in any divorce situation.
Self-sufficiency
The judge will also try to consider allowing the recipient to become self-sufficient after a reasonable amount of time.
Agreements
And the court will have to look into any agreements the spouses made about support in the past.
Sacrifices to Consider
Judges will take into consideration sacrifices that one spouse has made for another. There are three main sacrifices judges often see.
1. Lower income
If one spouse sacrifices their career and earns a lower income in order to help support the other spouse’s career and the family, the first spouse may be awarded support.
2. Child care
If one spouse does not work or has a lower income because he or she is home caring for the children, that spouse might need support.
3. Financial need
If one spouse has a financial need and the other has the ability to help, the judge will consider that sacrifice as well.
The Impact of Misconduct on Spousal Support
There are some cases in which spouses can get out of supporting one another after a divorce due to spousal misconduct. These cases reside mainly with those who have prenuptial agreements. Otherwise, the divorce law dictates that the reason the marriage ended does not matter. It should not affect the spousal support aspect of the fall out portion of the divorce.
Related: How Does Adultery Affect Divorce Under Canadian Law?
Spousal Support and Common Law Spouses
Common law partners with no paperwork backing up a legal marriage are not entitled to spousal support. They are known as “de facto spouses,” but they only separate and do not legally divorce. There are some territories that do award support in these situations depending on how long the couple was together.
Related: Common Law Ontario: Requirements, Property Rights, Child Support Obligations
In order to get details on exactly what spousal support guidelines rule in your area, check the justice or attorney general website in your area. Or contact a Toronto divorce lawyer who specializes in divorce cases.
The Impact of Spousal Support on Child Support
Spousal support payments might affect child support payments. Of course, both parents are responsible for the care of any children involved. If one spouse receives additional support outside of child support, it might affect how much they are paid for child support.
Related: Child Support Calculator for Ontario
If you would like to learn more with one of our Toronto Family Lawyers, or about divorce law, have your free initial consultation with us today!