Spousal support (what you may have heard called “alimony” in American or other media), is a payment or arrangements for ongoing payments from one spouse to another spouse after the relationship has come to end.

It’s important to know that spousal support is not automatic – there are several reasons that one spouse could be entitled to receive support from the other:

• To compensate the recipient spouse for responsibilities they took on during the marriage or common-law relationship, like staying home to care for the children or the home instead of taking on paid work or at the cost of a career they had been pursuing before becoming a stay-at-home parent;
• To help a spouse become self-sufficient, and make sure they don’t suffer hardship when the relationship breaks down; or
• To fulfill a contractual obligation (for example, if you signed a marriage contract or “pre-nup” that specified that spousal support would be paid.

Spousal support is often paid monthly on an ongoing basis, sometimes with a defined end date, and sometimes indefinitely depending on the length of the marriage and a few other factors. It can also be paid in one large, lump-sum payment in some cases. Some forms of spousal support payments are tax deductible to the payor and count as taxable income to the recipient, and other forms do not come with these tax consequences.

Spousal Support Lawyers in London, Ontario

In some cases, one former spouse might be entitled to receive financial support from the other. Spousal support may be claimed by spouses who are or were married to one another. Spousal support claims can also be available in situations involving common law relationships. The Spousal Support Advisory Guidelines, which are meant to assist in calculating the amount and duration of support, are not straightforward and are not a mandatory framework unlike the Child Support Guidelines which presume that all children are entitled to receive financial support from their parents. Calculations using the spousal support guidelines, on the other hand, depend on first being able to establish that the recipient spouse should be entitled to receive support since there is no automatic support obligation by law.

The amounts and length of time for the payment of spousal support are only considered once and if the entitlement to support has been established.

The factors that go in to determining spousal support entitlement, amounts and durations are set out in the federal Divorce Act or Ontario’s the Family Law Act depending on the situation, and include compensation, needs, ability to pay/means and promoting self-sufficiency if it’s possible to do so.

Whether you’re the spouse in need of support or the one likely to become the payor, you need a family law lawyer on your side.

How a London Ontario lawyer can help

Accurately determining the income of the payor (the spouse paying the support) is critical for both the recipient and the payor when spousal support is being claimed. If the payor is self-employed, calculating their actual annual income can be very challenging and complex. There may also be situations involving part-time work, contractor work, or where the payor has methods available to him or her for sheltering money in a corporation or overseas. Determining whether the recipient spouse should be entitled to receive spousal support.

Eric Vallillee will review your and your spouse’s finances to help you negotiate a fair and satisfactory agreement. If your spouse is unable or unwilling to come to a reasonable settlement, I will assist you in taking your matter to the courts for determination by filing or defending an action for you.

If you are looking for a family law lawyer in London to assist you with child or spousal support, custody & access, separation or divorce, contact us at 519-488-5263 or toll-free at 1-866-428-1063. Private billing arrangements are available, and legal aid is also accepted.