The law treats spouses as a ‘financial partnership’. When the marriage breaks down, this financial partnership is permanently fractured, creating a precarious financial imbalance that needs to be addressed. Along with the division of capital assets, spousal support will likely be the most important issue to resolve, and this is where the law on spousal support steps in to assist.
Remember – the law is there to help you.
The experienced divorce and spousal support lawyers at Rogerson Law Group will explain how the law applies to your unique circumstances and how much spousal support you may be entitled to (or have to pay out).
How is spousal support calculated?
Spousal support is often more complex than child support, and many factors must be taken into account including:
- The length of the marriage: the short the marriage, the shorter the period for spousal support
- Difference in the spouses’ incomes
- The spouses’ work history
- Their future work prospects
- The spouses’ ages
The essence of spousal support is to facilitate a financial balance between the spouses, so that the spouse with a lower income may be given spousal support by the other to, for instance, compensate for lost income or career opportunities. Unfortunately, reaching an agreement for spousal support often leads to an impasse. Resentment can build up and a resolution may be difficult to reach without external help. This is where having the advice of expert spousal support lawyers can make all the difference.
How can we help?
We will discuss all the relevant details with you, then provide an indication of the range of spousal support you could expect to receive or pay. We will also take your instructions on your capital and income needs, and what you ideally wish to receive by way of spousal support (or which you think is fair to pay).
Our approach is to strive to achieve our client’s fair expectations, whatever the circumstances. We will do this by way of robust negotiations with your spouse (or their lawyer) to achieve the result you want. Mediation may be an alternative method that could resolve the matter without going to court.
It is important to bear in mind that you must look after your own needs so, for instance, if you have been raising children but you now have the ability to go out to work and your children are school age, you will be expected to do so.
In addition to the amount of spousal support payable, the duration of payments will also need to be considered. Would it be fair for instance, to expect the other spouse to pay spousal support for 5 years if they are retiring in 3 years? The ability of the spouse to pay, and for how long; and the ability of the recipient of spousal support to maximise their income will be important factors to be taken into account.
There are Spousal Support Guidelines which provide a helpful starting point, but they are not legally binding. The court can, however, take them into account if considering how much spousal support should be paid to the other party. If we conclude that you have no alternative but to ask the court to decide the issue of spousal support, you can be sure we will robustly argue your case to achieve the best possible outcome for you.
What if circumstances change?
If your circumstances later change, or those of your former spouse, it is possible to ask the court to vary the spousal support payable. This may well be in necessary in the interests of fairness. If this situation arises, contact us for expert advice.
The family and child support lawyer team is led by Andrew Rogerson, the firm’s founder. He is assisted by Joseph Gyverson, Matthew A. Giesinger and James Bennett , who complement our domestic and international family law practice.
Contact Rogerson Law Group at (416) 504-2259 – Our experienced Family Lawyers can offer you sound & strategic advise for domestic (Greater Toronto Area) & international family disputes or litigation involving multi-jurisdictional matter.