Along with the division of property and a potential child support claim, spousal support is one of the first concerns of most people ending a marriage or long-term relationship. While terms relating to how spousal support is calculated and awarded are framed by legislation and guidelines in Canada, there is a risk that a payor or payee to attempt to alter their rights or obligations when it comes to support by selectively disclosing their full financial information. In order to ensure a fair award and payment structure, we advise parties to complete a full review of their financial details with a skilled family lawyer as soon as possible in the process of separating.
The family law lawyers at Boulby Weinberg LLP in Toronto are exceptionally experienced in a wide variety of spousal support disputes, ranging from simple to highly complex. Our partners are recognized for their particular knowledge regarding inter-jurisdictional family law matters, and skilled in dealing with claims involving overseas properties, family businesses and other complex financial arrangements. No matter the situation, we will work to ensure a fair resolution to your support dispute in every case.
In Ontario, both married and unmarried spouses have rights to spousal support. Married spouses acquire this right with marriage while unmarried spouses must have cohabited in a conjugal relationship for three years or have a child together and be in a relationship of some permanence.
The duration and quantum of spousal support are largely determined in accordance with the federal Spousal Support Advisory Guidelines. These provide a formula to share after-tax disposable income, taking into account the length of the relationship and any child support obligations. At high income levels, the courts exercise a greater degree of discretion in setting the quantum of spousal support. The duration of support is typically in a range from one half to the full length of short- and medium-term relationships. In long term relationships or those with older spouses, spousal support is of indefinite duration subject to review if there is a significant change. Retirement may be a trigger for a change or termination of support.
The family law lawyers at Boulby Weinberg LLP are exceptionally skilled at resolving support matters quickly and effectively. We have considerable experience working with clients with highly complex financial structures such as family trusts and various types of business income. We will work to ensure the spousal support arrangements accurately reflect the financial position of each party with an eye to preserving our clients’ rights under the law.
To arrange a consultation with a reputable lawyer at Boulby Weinberg LLP, please complete our confidential online questionnaire, which will provide you with valuable preliminary information tailored to your situation. A representative from our firm will contact you within one business day to discuss your matter further and arrange an initial meeting. To contact our firm without completing the questionnaire, please reach out to us online, or call us at 647-494-0113 ext. 102.