One of the primary financial concerns for those starting the divorce process is the issue of spousal support, which is often referred to as alimony. Whether you are likely to be the recipient or the payor of spousal support, it is important to have a lawyer who understands the various nuances of the spousal support regime in Ontario to help guide you through the process.
Married spouses, and in some cases, unmarried spouses can have the obligation to support one another financially. In the case of unmarried spouses, the obligation to pay spousal support arises once the parties have been in a relationship and cohabiting for three years or more, or if the parties have a child together if they have been in a relationship for less than three years.
The amount and duration of spousal support, for both married and unmarried spouses; is discretionary. In making such a determination, courts take into account many factors – including the need for financial support of the recipient, and the ability to pay of the payor spouse – as well as various circumstances of the relationship which may impact a spouse’s ability to generate an income from his or her own resources.
Over the years, the skilled family law lawyers at Kain & Ball have gained extensive experience in both the negotiation of spousal support agreements, and in litigating such issues when necessary and we are ready to share our knowledge with you.