Spousal Support

Are you recently separated or divorced? You are entitled to spousal support which is money to help with living expenses. A family lawyer will help you get this money by either a court order to, or an agreement with your former spouse.

What is Spousal Support?

Spousal support is a form of financial support that is typically paid by one spouse to the other after the dissolution of a marriage or separation of common-law couples or were in a relation that produced children. In most cases, the spouse who earns a higher income will be responsible for paying to the other spouse. Spousal support is intended to help the receiving spouse maintain their standard of living.

Who can apply for spousal support?

• If you were married
• If you were in a marriage-like relationship for at least 2 years
• If you were in a relationship that produced children

When is support provided?

• There is a recognition that either spouse will suffer financial advantage or disadvantage because of the breakup
• When one spouse will suffer economic hardship because of the breakup
• Share the financial burden of raising a child or children when in a relationship
• Help one spouse become financially independent in a reasonable time.

How much support will be given?

There are several factors that weigh-in while considering the amount of support to be provided:

• The duration lived together
• If you ever worked outside the home duration the relationship and how long
• If you are able to support yourself
• How much less you earn than your spouse
• If you stayed, and are to stay with the children after the breakup
• If the spouse is able to pay

Out Of Court Agreement

Here at Sidhu Law, we recognize that support is an emotive issue. We encourage both parties to settle these matters as quickly as possible, without going to court is possible. A family lawyer can negotiate with the lawyer for the other side to reach an agreement that is then filed in court. This agreement has the same weight as that which would be issued by a court.

Court Ordered Support

In the case that you and your former spouse are not able to reach an out of court agreement, you can file for support in court. This is a bit lengthy and more expensive. It is advisable to seek the advice of your spousal support lawyer before deciding to go to court.

Enforcing a support agreement or order

When the agreement is filed in court, or the court issues an order, this should be filed in the Family Maintenance Enforcement Program. This is a government process that oversees the payment of spousal support and other family support payments.

Can spousal maintenance be changed?

The level of support can be changed by a court order in the following circumstances:

• One party did not give full financial disclosure
• One party did not understand the agreement
• One party took advantage of the other’s vulnerability

Family Law Services

You will get an experienced lawyer here at Sidhu Law. Your family lawyer will educate and advise you fully, ensuring your rights are fully protected.