Our specialties > Spousal Support

Spousal Support

In Law, marriage is viewed as an equal economic partnership. Therefore, upon separation or divorce, if spousal support is applicable it is one of the issues that the separating couple in Brampton must agree to or seek legal resolution for. The higher earning spouse may become responsible for paying spousal support to the lower earning spouse until the lower earning spouse becomes self-sufficient. The amount of spousal support is determined by referring to the Spousal Support guidelines (“SSAG”), which is just that … a guideline. A couple’s specific circumstance then weighs in to increase or decrease the amount provided by the guidelines. The law presumes that the lower earning spouse will work toward financial self-sufficiency and that he or she will do so in a reasonable time. Reality does not always follow this script! Child support, special expenses and debt remaining from the marriage further complicate this issue.

Situations vary and outcomes are highly unpredictable as there are many things to consider when determining who will support whom, how much those payments will be and how long they will last. 

A judge must consider how much the requesting party needs to live and how much the paying party can afford to contribute.

Experienced counsel is needed to navigate this issue. In over 30 years of practice, we at Sterling Law in Brampton know how to effectively present your case and navigate potential complications before they happen. We understand that when it comes to living after separation or divorce, it is easier said than done. Let us help you to secure the best possible outcome.

FAQ

Spousal support, also known as alimony or maintenance, is a payment made by one spouse to the other after a separation or divorce. The purpose of spousal support is to help the recipient maintain a standard of living similar to what they had during the marriage.

Either spouse may be eligible for spousal support if they are unable to support themselves financially after a separation or divorce. There are several factors that may be considered, but some common ones we’ve seen over the last 30 years as a family law firm in Brampton include the length of the marriage, the income and assets of each spouse, and the roles each spouse played during the marriage.

In Canada, spousal support is calculated based on the Spousal Support Advisory Guidelines (SSAGs), which take into account factors such as the length of the marriage, the income and assets of each spouse, and the roles each spouse played during the marriage. However, the SSAGs are only advisory and the court may deviate from them if it is in the best interests of the parties.

The length of spousal support in Canada depends on the circumstances of the parties. Generally, the longer the marriage and the greater the income disparity between the parties, the longer the duration of spousal support. In some cases, spousal support may be indefinite.

Yes, spousal support can be modified or terminated in Canada if there has been a significant change in circumstances, such as a change in income or employment status. However, any changes must still be in accordance with the original spousal support order or agreement.

At Sterling Law, we provide legal advice and representation for our clients dealing with spousal support issues in Brampton. We can help negotiate spousal support arrangements, represent their client in court, and ensure that our client’s rights and obligations are protected. We can also provide guidance on how to modify or terminate spousal support if circumstances change. Our experienced family lawyers at Sterling Law promise to always put your interests first.

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Email: service@sterlinglaw.ca

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