Spousal Support and Changing Your Spousal Support Order

What is spousal support?  

When a marriage ends, a spouse may be entitled to spousal support. This is mainly because, in Ontario, the law views a spousal relationship as similar to a financial partnership.  

In the event of a separation or divorce, one partner may seek financial assistance from their ex-spouse. To do this they must prove that there is an entitlement and right for support in law which allows them as well due to higher income vs lower-level earnings during marriage times. 

How is this determined?  

Spousal support can be determined by the Spousal Support Advisory Guidelines. Unlike child support, these guidelines are not law. However, they help lawyers and judges calculate the amount and duration that spousal support is to be paid.  

Factors that a judge will consider when determining whether you deserve spousal support include your age, the length of your relationship, and how much time you spent apart during it. They also consider any contributions each partner made towards supporting themselves financially before marriage (like working).

How do you vary spousal support?  

There are many reasons someone may want to change their spousal support obligations. For instance: an unforeseeable change in either partner’s finances; remarriage; or retirement. The process of altering a support order depends on whether each partner agrees on.  

A judge will review the required documents and sign an order if no one contests a change in support. A challenging party must prove there is a material change in circumstances to get approval for changes.

It’s a reasonably straightforward process if the parties agree on different levels of support. If the order or agreement is challenged, you must show that you have been experiencing significant and ongoing changes in circumstances since it was created.

If you are looking for more information or have additional questions, please do not hesitate to contact us. We will be happy to discuss your matter over a free consultation. You can reach our office at 905-366-0202 or contact us through our website here

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