Spousal support, also known as alimony, is a critical aspect of many divorce proceedings in Canada. It involves payments made by one spouse to the other to provide financial assistance following a separation or divorce. Determining spousal support can be complex, as it requires careful consideration of each spouse’s financial situation, the length of the marriage, and the lifestyle established during the union. Our experienced divorce lawyers are here to help you navigate the intricacies of spousal support, ensuring your rights are protected and a fair outcome is achieved.
Understanding Spousal Support
Spousal support is designed to address any financial disparities between spouses that may arise after a marriage ends. The goal is to ensure that both parties can maintain a standard of living that is comparable to what they enjoyed during the marriage, or to help the lower-earning spouse become self-sufficient over time.
Types of Spousal Support
Compensatory Support: This type of support compensates a spouse who may have sacrificed their career or education opportunities for the benefit of the family. It recognizes the economic disadvantages one spouse may face due to the marriage.
Non-Compensatory (Needs-Based) Support: This support is based on the financial need of one spouse and the ability of the other spouse to pay. It is intended to ensure that the lower-income spouse can cover their basic living expenses post-divorce.
Contractual Support: This type of support arises from agreements made between spouses, such as prenuptial or separation agreements. These contracts outline the terms of spousal support in the event of a divorce, and our lawyers can help negotiate, enforce, or challenge these agreements as needed.
Key Factors in Determining Spousal Support
Canadian law outlines several factors that influence the amount and duration of spousal support, including:
Length of the Marriage: Generally, the longer the marriage, the higher the likelihood of spousal support being awarded, especially if one spouse was financially dependent on the other.
Income Disparities: Significant income differences between spouses often lead to spousal support awards, to help the lower-earning spouse maintain a reasonable standard of living.
Age and Health: The age and health of both spouses are considered, particularly if one spouse is unable to work or requires ongoing medical care.
Roles During Marriage: The roles each spouse played during the marriage, such as primary caregiver for children or homemaker, can impact spousal support decisions, especially if these roles limited one spouse’s career opportunities.
Child Care Responsibilities: If one spouse will continue to bear a greater share of child care responsibilities post-divorce, this may affect spousal support amounts and duration.
Why Choose Our Divorce Lawyers?
Our team of experienced divorce lawyers at Kavita V. Bhagat Family Law Solutions is dedicated to ensuring that spousal support arrangements are fair and equitable. We use the Spousal Support Advisory Guidelines (SSAG) as a framework to calculate potential support amounts, tailoring the calculations to your unique circumstances. Our lawyers strive to reach amicable agreements through negotiation and mediation, helping to avoid costly and stressful court proceedings. However, if a fair agreement cannot be reached, we are prepared to represent you in court, advocating for your rights and interests to ensure a just spousal support order.
We can also assist with modifying existing spousal support orders due to changes in circumstances, such as a change in income or remarriage.
We also provide enforcement options if a spouse fails to comply with a support order.
Protecting Your Financial Future
Spousal support can significantly impact your financial well-being. Whether you are seeking support or being asked to provide it, our lawyers are here to guide you through the process, ensuring that your rights and interests are protected. Contact us today to schedule a consultation. Our knowledgeable divorce lawyers will review your situation, explain your options, and help you navigate the spousal support process with confidence.