Spousal Support

Family Lawyer Scarborough

Scarborough Spousal Support Lawyers

Spousal support is a type of financial support a person can seek when their relationship ends. Both married and cohabitating couples that split can qualify for spousal support as long as they meet the eligibility requirements.

For instance, if you were in a cohabitation relationship, then you must have been together continuously for three years or longer to qualify for spousal support. You may also be eligible for support even if you have not lived together for 3 years, if you were in a relationship of some permanence and had children together. When a relationship ends, one person may still require financial assistance from the other as they may not be self-sufficient at the time, and there may exist a pattern of dependency. This is why spousal support orders exist.

Spousal support is handled on a case-by-case basis by the courts. It is up to the judge to determine when spousal support is appropriate, the amount of support to be paid, and the duration spousal support will last.

When filing for spousal support it is important to get help from our spousal support lawyer in Scarborough. There are two statutes used in determining if spousal support is appropriate: The Family Law Act (FLA) and the Divorce Act. It is vital to file your claim under the right Act.

Models Used to Determine the Basis for Spousal Support

The Supreme Court of Canada has identified three models that lower courts use for guidance in determining the basis for spousal support:

  • Needs-based: Can the spouse support themselves without financial assistance?
  • Contractual: Are their agreements between the couple that includes spousal support?
  • Compensatory: Is one spouse at an economic disadvantage or contributed to the economic advantage of the other?

Keep in mind, this is a general overview of these models and entail much greater detail than outlined above.

To find out if you qualify for spousal support, please feel free to contact our family law firm to speak with our spousal support lawyer in Scarborough today!

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