Division of Property Agreements
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/ Divorce & Separation
Spousal Support
Spousal support is financial assistance paid by one partner to another after a marriage or common-law relationship ends.
It helps reduce financial hardship for a spouse who was financially dependent during the relationship. Our experienced lawyers provide expert guidance, whether you are seeking or providing spousal support. We work closely with you to find a fair and effective solution tailored to your needs
Is Spousal Support Awarded Automatically by the Court?
No, it isn’t automatic for either party during divorce proceedings or a common law separation. Usually, the spouse with a lower income will request to be granted spousal support by the court. Whether you are requesting it or being asked to pay it, this is where the help of a knowledgeable lawyer can pay dividends.
In our many years of experience in this area of law, we have seen many requests for spousal support in longer marriages where one of the parties has spent more time at home raising the kids or has delayed their career for the sake of the family.
In these instances, having to pay for a new residence, food and clothing can be a burden on that spouse. However, spousal support can provide the assistance they need to compensate them or to just get them on their feet again.
Determining the amount of support can be complicated though. Often, the spouses do not agree on the amount. We can help you get the spousal support you need. Alternatively, we can help you avoid paying spousal support that is too high and has become an undue burden on you.
How do the Courts Determine the Amount of Spousal Support?
First, to get spousal support the dependent spouse must demonstrate to the court that they cannot maintain the same lifestyle from their marriage without financial assistance from the other spouse.
When determining the amount the court will consider a number of different factors, such as:
All these factors and more play a role in both the decision of spousal support being granted and how much is owed to one partner from the other. Each case of spousal support is unique and completely depends on the individual situation. Determining the amount can be complicated and in most cases, spouses don’t usually agree on the amount of spousal support due, so it can be a long process to decide who is owed what.
The Spousal Support Advisory Guidelines help predict the range of spousal support and are a helpful guide. It is not binding on you, but it helps determine a reasonable amount. Our lawyers use a computer program that helps us determine the range of outcomes under the Spousal Support Advisory Guidelines. We can help you determine how much you might have to pay or might expect to receive.
Our lawyers can analyze your situation. Then, they can discuss with you if you are eligible for support and, if so, how much. If you are on the other end of the spousal support relationship, we can tell you if your spouse is eligible for support and how much you might need to pay. Knowing what to expect is key to feeling confident and prepared during divorce proceedings. We can help make sure you are not caught off guard by any support requests.
How is It Typically Paid?
Spousal support can be paid:
How Long Does It Last?
In most cases, though again every divorce is unique, spousal support continues until one of the following occurs:
Frequently Asked Questions
A spousal support lawyer assesses whether you are entitled to receive or required to pay support after a marriage or common-law relationship ends. They review each spouse's income, the length of the relationship, and roles during the marriage, then negotiate the amount and duration using the Spousal Support Advisory Guidelines.
A spousal support lawyer in Ontario calculates likely support using the Spousal Support Advisory Guidelines, identifies factors that may increase or reduce the amount, and ensures the terms are properly documented. They can also help vary an existing order if your income or your former spouse's circumstances change.
Spousal support in Ontario is calculated using the Spousal Support Advisory Guidelines, which consider both spouses' incomes, the length of the relationship, and whether the couple had children. The guidelines provide ranges for the amount and duration. Final spousal support in Ontario also reflects need, ability to pay and the standard of living during the marriage. It's important to note that the Spousal Support Advisory Guidelines are advisory, not legally binding; they provide a framework, but the final amount is determined based on the specific circumstances of each case.
Yes. Spousal support can be varied if there's a material change in circumstances — such as a significant change in income, job loss, retirement, or the recipient's remarriage or new long-term relationship. Variations require either mutual agreement (formalized in writing) or a court order.
A family lawyer can help you determine whether your situation qualifies as a material change and guide you through the variation process.
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Meeting with a Galbraith Lawyer was a great experience, sound, solid advice with excellent results. Very personal attention and great connections. I highly recommend this law firm.
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At Galbraith Family Law, we have years of experience helping individuals and families navigate complex legal matters with clarity and support. Whether you're facing divorce, separation, or other family issues, our experienced team is here to guide you.
We proudly serve clients in Barrie, Newmarket, Oakville, and St. Catharines, Ontario.
