Strategic Support In Spousal Support Matters
When married or common-law spouses end their relationships, it may be appropriate for the court to award, or for the parties to agree to spousal support. In addition to looking at the factors set out in the legislations, lawyers and courts look at Spousal Support Advisory Guidelines to determine how much support should be paid and for how long. The court has considerable discretion in these matters, and a qualified Toronto spousal support lawyer can help to ensure that a fair order/agreement is made.
Whether you are the spouse in need of support or the one who will likely be ordered to pay it, lawyers at Nathens, Siegel LLP are prepared to provide the representation that you require to obtain a favourable result. We have extensive experience in spousal support matters, and we know how to best approach your matter in protecting your legal interests.
Primary Factors In Determining Spousal Support
There are a number of factors that should be considered in the process of determining the quantum (or amount) of a spousal support award. While the Spousal Support Advisory Guidelines are advisory, the court is not required to strictly adhere to them. If the court chooses to deviate from the guidelines, however, it is required to document the reasons for doing so.
Whether a spouse is entitled to support is dependant on a number of factors, such as:
- Length of the relationship
- The age of the spouses
- The income of each party
- The earning capacity of the spouses
- The needs of the spouses
- The ability to provide support
- The number of children
- The care of the children
- Each spouse’s contributions to the relationship
- The roles of each spouse during the relationship
- The standard of living established during the relationship
- Ability of a spouse to become self-supporting
Spousal Support Variations
The court can make a variation to a spousal support order if there has been a material change in circumstances after it is issued. Similarly, spouses can agree to change the terms of an agreement. A change in income for either spouse, changes in needs and other circumstances may all lead to a request to have support varied. We have successfully advocated for the interests of clients on both sides.
Talk To Our Spousal Support Lawyers About Your Case
We have offices in Mississauga and North York, Ontario. Contact our office to discuss your spousal support questions with one of our lawyers. Our initial consultations are offered at a reduced rate. You can reach us by phone at (416) 222-6980 ext. 2900 or via email to get started.