Laura T. Settanni
Barrister & Solicitor
Spousal Support
In many instances, one spouse may be required to provide financial support to the lesser-earning or dependent spouse upon separation. Support can apply to both married and common law spouses and can be awarded depending on various factors.
How the Duration and Amount of Spousal Support Is Decided
The court will look at several factors when considering awarding spousal support. Some of the key factors include:
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The length of the cohabitation;
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The incomes and prospective incomes of each spouse;
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Whether the payor has the ability to pay;
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Contributions made to the marriage by the spouse seeking spousal support;
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Economic hardship suffered from the marriage breakdown;
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Child-care obligations;
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The earning capacity of each spouse;
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Other factors include the parties' ages and health, etc.
The parties may agree on the amount of spousal support to be paid and the duration. If there is no agreement between the parties, the ultimate decision as to whether an order of support should be made, and if so, the quantum and duration of that support will be determined by a judge based on various factors relevant to making a spousal support award.
Either spouse may return to court for a reconsideration of the spousal support provisions in an order if any significant change in the condition, means, needs or other circumstances of either spouse has occurred since the making of the spousal support order.
To have a support order changed, or to talk to a lawyer about spousal support, call us at 416-659-5101.