May 11, 2021
What You Need to Know about Spousal Support
Paying or receiving spousal support? Call me to discuss your rights.
Spousal support is a fact-based analysis where one-size fits all does not fit. It is based on your particular circumstances. The Spousal Support Advisory Guidelines (“SSAGs”) along with case law guide legal pracititioners in the Application of your particular facts to the law.
Before a spousal support award is made, two questions must be asked:
- is there an ability to pay and
- is there a need (entitlement). The answers to these questions depend on the particular facts of your case. It is not true that a difference in income will always result in entitlement to spousal support being met.
Generally there is a ceiling and floor when determining whether there is an ability to pay. An income at or near the floor may result in no spousal support being paid despite entitlement being met.
In answering the above questions, courts will then consider section 15(6) of the
Divorce Act which sets out the objectives of a spousal support order:
- Recognize any economic advantages or disadvantages to the spouses arising from the marriage (including length of cohabitation) or its breakdown;
- Apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;
- Relieve any economic hardship of the spousal arising from the breakdown of the marriage; and
- In so far as possible, promote the economic self-sufficiency of each spouse within a reasonable period of time.
Promoting self-sufficiency is often litigated however, whether a spouse has suffered an advantage or disadvantage during their marriage is an important factor to consider when determining entitlement. The above factors must be considered against all the other factors, the existence or absence of one is not determinate.
Once the above questions have been answered in the affirmative, the court will then go on to consider amount and duration of spousal support. Generally, the amount and duration is based on the income of the parties and the length of cohabitation taking into account the above considerations.
Call me and schedule a consultation if you have questions about spousal support, Ammar Hussein Rimawi Law 613-779-1347.
What Is Spousal Support?
Divorce can be one of the most challenging experiences a person faces, both emotionally and financially. While it's natural to focus on the personal aspects of a separation, taking steps to prepare financially can help protect your interests and provide greater stability during the transition. In Ontario, the financial consequences of divorce often involve the division of property, support obligations, and long-term financial planning. Understanding what to expect and preparing early can make a significant difference in the outcome of your case. 1. Gather and Organize Financial Documents One of the most important first steps is collecting all relevant financial records. Under Ontario family law, both spouses are required to provide full and honest financial disclosure. Having your documents organized will help streamline the process and reduce delays. Important documents include: Income tax returns and Notices of Assessment for the past three years Recent pay stubs and employment records Bank account statements Credit card statements Mortgage and loan documents Investment and retirement account statements Property deeds and appraisals Business records, if applicable Insurance policies Creating digital copies and storing them securely can help ensure you have access to important information when needed. 2. Understand Your Assets and Debts Many people are unaware of the full scope of their family's financial situation until divorce proceedings begin. Take time to create a detailed list of all assets and liabilities, including: The matrimonial home Other real estate holdings Savings and investment accounts Pensions and retirement savings Vehicles and recreational property Business interests Credit card debt Lines of credit Student loans and personal loans A complete financial inventory will help you better understand what may be subject to division. 3. Learn How Property Division Works in Ontario Ontario follows a property equalization system rather than a direct division of assets. In most cases, each spouse calculates their net family property, and the spouse with the higher amount may be required to make an equalization payment to the other. The matrimonial home is treated differently from other assets and is subject to special rules under Ontario's Family Law Act. Even if one spouse owned the home before marriage, it may still have unique implications during property division. Because property division can be complex, particularly when businesses, inheritances, pensions, or multiple properties are involved, seeking legal advice early is highly recommended. 4. Create a Post-Divorce Budget Your financial circumstances will likely change after separation. Creating a realistic budget can help you understand your future financial needs and identify areas where adjustments may be necessary. Consider expenses such as: Housing costs Utilities Transportation Childcare Insurance Food and household expenses Legal fees Debt payments Understanding your anticipated monthly expenses can also help inform discussions about support and settlement options. 5. Monitor Your Credit Joint debts and shared financial accounts can affect your credit score during and after a divorce. To protect yourself: Obtain a copy of your credit report Review all joint debts and obligations Continue making payments on accounts that remain in your name Consider closing or freezing joint credit accounts where appropriate Monitor your credit regularly throughout the process Maintaining strong credit can make it easier to secure housing, financing, or other financial products after the divorce is finalized. 6. Consider Child Support and Spousal Support For many families, support obligations are a significant component of the divorce process. Child support in Ontario is generally determined using the Federal Child Support Guidelines and is based primarily on the paying parent's income. Spousal support may also be considered depending on factors such as: Length of the marriage Roles during the relationship Income differences Financial need and ability to pay Understanding the potential impact of support obligations can help you plan for your financial future. 7. Avoid Major Financial Decisions Without Legal Advice During a separation, it may be tempting to make significant financial changes, such as selling property, transferring assets, or withdrawing large sums of money from accounts. Before taking any major financial action, consult with an experienced family lawyer. Decisions made during separation can affect property division, support calculations, and the overall outcome of your case. 8. Build a Financial and Legal Support Team Divorce often requires guidance from multiple professionals. Depending on your circumstances, you may benefit from working with: A family lawyer A financial advisor An accountant A mortgage professional A mediator Having the right support team can help you make informed decisions and avoid costly mistakes. Moving Forward with Confidence While divorce can bring uncertainty, proper financial preparation can help you regain control and make informed decisions about your future. By understanding your assets, obligations, and legal rights under Ontario family law, you can approach the process with greater clarity and confidence. If you are considering separation or divorce, consulting with an experienced Ontario family lawyer early in the process can help you protect your financial interests and develop a strategy tailored to your unique circumstances. At Rimawi Law, we are here to answer your questions and guide you through each step of the process. Contact us by phone: (613) 779-1347
A Practical Guide for Families Divorce is a significant life transition, and it is often made more difficult by the amount of misinformation circulating online and in the community. Misunderstandings about how Ontario family law works can lead to unnecessary conflict, unrealistic expectations, and avoidable stress. This blog addresses six of the most common myths about divorce in Ontario and explains what the law actually provides.
