Spousal support (or as commonly known as "Alimony"), is a legal obligation that may arise when a married or common law couple decides to separate. It is a form of financial assistance provided by one spouse to the other after the end of a marriage or a period of cohabitation. Spousal support is designed to address any disparities in income and financial needs that may arise because of the separation.
The determination of spousal support involves a careful evaluation of various factors by the court. Some key considerations include:
Entitlement: The court assesses whether either spouse meets the legal threshold for entitlement to spousal support. This typically involves determining if one spouse is financially dependent on the other.
Length of marriage or cohabitation: The duration of the relationship is considered to understand the level of economic interdependence between the spouses.
Income of each spouse: The court examines both spouses' current and recent income, particularly if one spouse has not consistently worked full-time due to childcare responsibilities.
Financial obligations: Any other financial obligations, such as child support payments made by either spouse to another person, are considered.
How is spousal support calculated?
Calculating the exact amount of spousal support is a complex process influenced by several variables. These may include (i) child support is being paid, (ii) the ages of any children involved, (iii) the length of the relationship, (iv) extraordinary expenses related to the children, the location of the children's residence, and the incomes of both parties.
How long do spousal support obligations last?
The duration of spousal support follows a guideline that ranges from half to one year of support for each year of marriage or cohabitation. In some cases, the duration may be deemed indefinite, but this does not necessarily mean support will be paid indefinitely. Age is also a factor in the calculation, and if the recipient spouse is retired, the diminished earning capacity of both parties reaching retirement age is considered.
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INB Family Law is here to provide the guidance, support, and expertise you need to protect your rights and achieve fair outcomes. Our team of experienced family lawyers can help you through every step of the process, whether through alternative dispute resolution methods or court representation. If you need legal assistance with your family law matter, do not hesitate to contact us at 905-215-1905 for a consultation.