The main misconception that most Separation Lawyers in Canada encounter is that spousal support is automatically included in your divorce settlement or separation agreement. As family law practitioners in Toronto and Ottawa, we frequently encounter this belief from our clients. Spousal support is negotiated for by your separation lawyer as part of your separation agreement, it is not automatic. Ongoing financial circumstances pertaining to both partners can impact your spousal support agreement.
Spousal Support explained by Shulman & Partners LLP
The majority of Canadians know the term spousal support. Spousal support is the legal term for the financial support paid by one spouse to another after their separation or divorce. As well as the misconception that it is an automatic component, most Canadians do not realise this is separate from and differs from, child support. Child support is separate, it is legally mandated to support your child’s needs and is completely independent of spousal support agreements.
Eligibility for Spousal Support
When you book a consultation at Shulman & Partners LLP, your separation lawyer will dispel these misconceptions about, and discuss your eligibility for, spousal support. Eligibility for spousal support encompasses more than just married couples who are in the process of divorce proceedings. In Toronto, if your common-law relationship has lasted for a minimum of three years, or your relationship has produced a child and some level of permanence, may also qualify for spousal support. In both Toronto and Ottawa, spousal support follows similar legal frameworks, with regional variations that we are experienced in navigating.
How Separation Lawyers Determine Spousal Support
Canada has many guidelines for determining spousal support, however these can get very complicated in practice. Factors that are considered in determining spousal support are income disparity between spouses, relationship duration, the presence of child support obligations, and the ages of the parties are all considered. Consulting a separation lawyer at Shulman & Partners LLP will give you a partner in navigating this complicated area and we can help you determine the most suitable guidelines for your individual family circumstances.
Can you change your spousal support agreements in Canada?
The answer is yes! Spousal support arrangements are subject to modification depending on circumstances. Circumstances that would impact your spousal support agreement are changes in income disparity between either party, one of the party’s marriages, or alterations of your child’s living arrangements. If your spousal support agreement has been drawn up correctly, it should account for the most common circumstance changes. This should ensure that any of the circumstances will be simple to negotiate. If there are extenuating circumstances, or if your spousal support agreement was not drafted correctly, then this is a good time to contact a separation lawyer at Shulman & Partners LLP, to bring a Motion of Change.
At Shulman & Partner’s LLP, we are experienced Spousal Support Lawyers.
For family law, experience is crucial. Our team at Shulman & Partners LLP have unparalleled experience and legal knowledge from decades of litigating family law cases. Book a Consultation at Shulman & Partners LLP today.
73 Richmond St W, Suite 108
Toronto, Ontario,
M5H 4E8
(416) 661-2777