Spousal Support

Family Lawyer Markham


Spousal support is a type of support a person can seek when going through a divorce. Two statues are used to define a spouse, which are the Family Law Act and the Divorce Act. Spousal support claims must be filed under one of these two acts.

Who Qualifies for Spousal Support in Markham?

One of the determining factors used to decide if someone is eligible for spousal support in Markham is whether there is a financial imbalance between the earnings of each person. To illustrate, if your spouse is the primary earner and you are a stay-at-home parent, you could qualify for spousal support.

The courts will review the financial situation of the divorcing couple to determine eligibility. They will look at contractual, compensatory, and needs-based factors to make their determination.

How Is the Duration and Amount of Spousal Support Determined?

Spousal support should not always be considered long-term financial support. As the duration will depend on several factors such as the length of the marriage, childcare responsibilities if any, etc. The person receiving spousal support will be expected to take steps so they can become financially independent in most cases.

Currently, there are no mandatory spousal support guidelines. Ontario courts have been using the advisory Spousal Support Guidelines as a basis for establishing the duration and amount of spousal support one should receive. While just a guideline, the courts are expected to award spousal support within the range recommended in the guidelines and if they depart from the spousal support advisory guidelines, the judge is expected to provide a reasoned explanation why.

The duration and amount of spousal support will vary depending on the exact circumstances of your financial situation, health, history of your relationship, and other factors. Courts treat spousal support on a case-by-case basis. They also take into consideration other financial obligations of the payor, like child support payments, disproportionately large amount of debts assumed from the relationship, etc.

For further information about spousal support and filing a claim for this type of support, please feel free to contact our Markham family law firm.


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