Does Infidelity Affect Alimony or Spousal Support in Canada?

This is always a popular question for our divorce attorneys. Barrie, Collingwood, Orillia, Midland, Muskoka and Newmarket all fall under Canada’s no-fault divorce laws, so infidelity has no impact on spousal support.

It’s not always popular. Nobody wants to pay alimony or spousal support to someone who cheated on them. However, this can happen. Cheating doesn’t change a former spouse’s entitlement to support. Nor will it impact the amount they receive.

Spousal support is handled on a case-by-case basis in Canada. A judge will review all of the factors and circumstances, and then come to a resolution of what is owed.

There is no set formula to prescribe a steadfast amount. Some of the factors include each party:

• Assets
• Health
• Income
• Age
• Previous standard of living
• Ability to be self-sufficient or find employment
• Contribution to each other’s career and education

The length of the marriage is also considered.

Again, as unpopular as it may be, cheating or infidelity is not a factor when calculating spousal support. It may be what breaks up your marriage. However, it will not factor into this part of your divorce.

If you have any questions about child support or alimony, please don’t hesitate to contact a divorce attorney in Barrie, Collingwood, Orillia, Midland, Muskoka or Newmarket (If you’re in the Newmarket area and need a divorce lawyer, don’t hesitate to contact us).

Brian Galbraith

Brian Galbraith is the owner and founder of Galbraith Family Law Professional Corporation. Brian is known in the legal community for his commitment to efficiently practicing family law using technology and streamlining the divorce processes.

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