Unfortunately, people getting a divorce is not a rare occurrence. However, after divorce, the question of spousal support arises quite often. Below are all the details you need to know about spousal support in Toronto.
If a person gets divorced, they must at least have a basic knowledge of spousal support’s legal rules and regulations. Spousal support can be critical if one of the spouses was not working previously and is now in a wrong financial position after divorce.
There are mixed reactions on the subject of spousal support. Sometimes people might use it to their advantage. So, having the proper knowledge is necessary. This blog will take you through the details of what spousal support is and how to apply for Spousal support in Toronto.
What is Spousal Support?
Let’s get the obvious question out of the way. What is spousal support? Spousal support is of many types, but in simple words: Spousal support means the financial assistance provided by one spouse to another after their divorce. This is a legal process and is mostly decided by a judge but you can also decide it on a separation agreement with your spouse.
You might be wondering why I should pay for my spouse’s financial support. That is because, in most traditional marriages, the financial condition of both spouses is not equal. There is a financial gap between both partners. It might not be a problem during the marriage. It can cause financial issues after marriage.
When governments did not adequately define women’s work laws in earlier days, women suffered enormous financial destabilization after divorce. Most of the women worked as housewives and had no financial sources except their husbands. So, divorce caused them to start all over with no money.
Spousal support laws were made which allow a spouse, whether male or female, to apply for spousal support if their financial condition is not stable after marriage. It somewhat makes up for the economic difference between both spouses.
Who is eligible for spousal support?
There are specific criteria implemented when declaring someone eligible for spousal support. We would suggest you consult a Toronto spousal support lawyer.
Ameer Law firm can help you in this regard. They provide free consultations and have qualified lawyers who give excellent advice regarding family law issues.
To receive spousal support, you must agree or find entitlement, and there are three central claims for entitlement.
This type of claim is based on the economic disadvantage of the recipient due to marriage. The disadvantage can be due to:
If you had a career before marriage but left it because of different responsibilities, you are entitled to receive spousal support after divorce. Moreover, if you couldn’t start a job because you were taking care of the children or helping your partner in their career, you are eligible for spousal support after divorce.
Non compensatory claim:
It is a need-based claim that depends upon:
Your financial condition:
You can only receive spousal support if your financial condition is not very good after marriage. If you got a stable source of income that you can rely upon, you could not get financial support from your spouse (other than the case in which your spouse agrees to it in the separation agreement).
It is based on a mutual contract or agreement made during or after marriage.
If during or after marriage you had a legal agreement that your spouse would provide you spousal support upon divorce, then that also makes you eligible.
How much spousal support will you receive, and for how long
That depends on individual cases. Since these cases vary from person to person, the amount and period also change. However, there are still some factors that come into play when deciding the spousal support amount and period:
Living condition is not defined by how much you earn but by how much you spend. If you make over 600,000$ a year but spend almost 700,000$, you will be in debt, and that is not a good living condition; however, if you spend 100,000 with the same amount of income, you will have a lot of saving money and in turn, lower support amount going forward.
The relationship period is a significant factor that comes into play when deciding the total time for which the payer will pay the spousal support. If the relationship is long-term and lasts over 20 years, the court should provide the license for the whole lifetime. Moreover, if the spouse’s age is over 65, the support is also paid for an indefinite period. Even if the relationship period is less than 20 years, this rule will apply.
Children are also taken into consideration when deciding the period. For example, if a recipient has a child aged two at the time of separation, the court might order the support to continue until the child reaches 18.
Some other factors include:
- Mental health
- Likely hood of getting a job
- Income difference
These situations vary, and the above-stated conditions are general. They may be subject to changes. It is why you should always consult a family law firm lawyer before making any decision.
How to get spousal support in Toronto
There are different ways to set up spousal support in Toronto. You can even set up spousal support without having to go to court.
The first method is pretty simple, and it doesn’t involve going to court, instead of letting the court decide the amount and period you choose with your spouse. You can call a family law expert and include all the details in the separation agreement.
Filing the separation agreement in court:
If you want your spousal support agreement to be enforced by law, you can take it up to court and get the marital agreement executed by the FRO. That means that FRO will maintain the support and understanding and make sure the support amount is paid on the due date.
If the separation agreement was made outside of court, you need to first file it in the court and register with the FRO. Moreover, it ensures that your contract has legal value and is now enforced by law.
Going to court:
If you and your spouse cannot decide the amount of support, you can go to court so a judge can arrange for you. Toronto Spousal support law firms are also a good option. Letting a judge to decide will enable the process to become legalized and be enforced by law.
Once the court has made the final order, you will be obligated to follow it by law. The FRO also enforces it.
Family law is complicated, and before deciding on things related to family law, such as spousal support, we recommend you consult a Toronto family lawyer.
Ameer Law firm has the most qualified family law experts who will give you the best legal advice in these matters. So we would suggest getting in touch with a family law lawyer to make sure everything works out smoothly.