The law views spousal relationships as financial partnerships. When the partnership breaks down, the person with more income or assets may have to pay support to the other. At the same time, the law expects adults to look after their own needs to the best of their abilities.
To decide on how much spousal support and the length of time it should be paid, the law says that Judges must consider a number of factors, including how much the person asking for support needs to meet his or her needs and how much the other person can afford to pay. A person may claim support to help him or her become financially self-sufficient or to keep from ending up in serious financial difficulty.
Spousal Support Advisory Guidelines are available to help parties discuss the appropriate amount of spousal support to be paid. If the parties proceed to Court, the Court may consider these Guidelines in determining how much spousal support should be paid, but the Guidelines are not binding.
The purposes of spousal support are to:
a) recognize a spouse's contribution to the relationship;
b) share the financial costs of caring for a child;
c) relieve financial hardship;
d) help a spouse to be able to contribute to his or her own support; and
e) correct any economic advantage or disadvantage to a spouse caused by the relationship or the relationship breakdown.
For example, if a spouse gave up his or her job to care for the children, he or she might not be able to become self-supporting right away.
In most situations, spouses are expected to try to become self-supporting as best as they are able.
Spousal support can be negotiated and agreed on by the spouses and written into a Separation Agreement. This is often done along with other issues such as child support, parenting arrangements ( custody and access) and property division. Lawyers can help the spouses reach an agreement. But if the spouses cannot agree, a Judge can decide.
Please contact Genesee Martin Associates should you have a question with respect to spousal support. Christopher R. Martin has extensive experience in negotiating spousal support agreements and in successfully pursuing spousal support claim for clients through negotiation and before the Courts.
Regardless of which areas of family law you are looking for assistance with, Chris will help you secure the best possible outcome for your case and for your family.
For over 40 years Genesee Martin have been helping their valued clients fight for their rights. If you want to schedule a confidential consultation, you can get in touch with Genesee Martin Associates today at 905-522-7066.