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Spousal Support in Ontario

Spousal support is important If you are going through a divorce or separation in Ottawa. Many parties seek support after a separation from a spouse or after a divorce. There are multiple purposes for spousal maintenance in Ontario, including to provide financial support to a spouse so that they can become self-sufficient financially following the divorce or separation, or to provide compensation to a spouse who became financially disadvantaged during the marriage or relationship in order to perform domestic labor like caring for children at home. If you have questions about this topic in Ontario, you should seek advice from an Ottawa spousal support lawyer.
In the meantime, here are some common questions and their answers about spousal support.

What is Spousal Support?

According to the Ministry of the Attorney General in Ontario, Post-marital support is simply “money one spouse pays to the other after they separate or divorce.”

Who is Eligible for Spousal Support in Ottawa?

According to the Ministry of the Attorney General:

In order to be eligible for post-marital support in Ottawa or elsewhere in Ontario, one of the following must have been true,

  • You were married;
  • You lived together as a couple for three years or longer; or
  • You were in a relationship for any length of time and you share a child from the relationship.

Once a person meets those requirements, one of the following must also be true:

  • Your responsibilities during the marriage or relationship limited you from establishing yourself professionally or having a career because you were assisting your partner as they built their career or you were caring for children;
  • You are in need to financial support as a result of the separation or divorce, and your partner has the financial ability to pay support; or
  • You have a legal agreement with your partner that indicates you will receive support in the event of a separation or divorce.

When Does Spousal Support End?

How Much Financial Support Can I Get?

Spousal maintenance orders or agreements will often have a date for review, at which point alimony may end, or the amount may change.

The amount of an award will depend upon the particular circumstances of the individuals involved. A judge will consider various factors such as the differences in the parties’ incomes, whether there are children from the relationship (and whether the party seeking support has been caring for the children), the ages of the parties, the parties’ roles in the relationship, the mental and physical health of both parties, and the ability of the party seeking support to support themselves.

Who Pays Support in a Divorce?

If partner support is ordered in a case, then it will be paid by the spouse who is the higher earner to the spouse who is the lower earner.

Contact Our Ottawa Spousal Support Lawyers

When you have questions about post-divorce maintenance in connection to your separation or divorce, it is important to seek advice from a spousal support lawyer in Ottawa. Whether you are planning to seek spousal support or you have concerns about paying spousal support, our firm can assist you. Contact RPB Family Law to learn more about our divorce and spousal maintenance services in Ontario.