Spousal Support

Divorce or separation will sometimes mean one partner paying spousal support to the other partner. Spousal support is applicable to married partners and sometimes common-law relationships. The one receiving spousal support can be a husband or a wife (gender neutral) and applies top all relationships including same-sex relationships. Spousal Support is usually paid by the partner with higher income to the partner with the lower income. The receiving partner is “Support Recipient”. The paying partner is called “support payor”.

Why Is There Spousal Support?

Spousal support is a typically to balance out the recognized contributions that each spouse made to relationship.  It is there to relieve some of the financial hardship and losses that happen because of the separation and support the lower earning partner as they become self-sufficient moving forward.

Spousal Support Is Not Automatic

Spousal support is not automatically given to a spouse. Even if the spouse is entitled to support, the law expects the individuals to try to support themselves as soon as possible, immediately after the separation. Often Spousal Support will be negotiated to find the final amounts.

Implications For Spousal Support

Separating partners usually negotiate spousal support and arrive at arrangement that works best for both. Negotiating spousal support is one of the first things that a professional will assist you with  There are many factors to consider before agreeing to give or receive spousal support such as legal scenarios, government guidelines and tax implications.  

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Simonetta Lanzi

Family Lawyer Ajax, ON

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