Tsinman Law

Family Lawyers

Please call 1-844-641-1911

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Spousal Support

Spousal support matters are profoundly intricate. Entitlement to spousal support might emerge from either a marriage or from a common law relationship. Either spouse may claim spousal support. The settlement might be based on a partner’s suffering of economic disadvantage as a result of the marriage after s/he contributed to the economic advantage of the other spouse. For example: one spouse was the primary caregiver of the children and as a result sacrificed career opportunities.   The spouse may also be awarded spousal support solely based on need.

The amount of support granted can vary and despite the fact that the Spousal Support Advisory Guidelines try to bring some consistency, they contain a number of exceptions.

Our legal team is prepared to lead you through the entire process. The initial phase in handling your spousal support claim is talking with one of our lawyers who will carefully investigate all the circumstances of your matter including pre and post separation circumstances and will advise with respect to entitlement, the approximate amount of support, and the duration of the support either for you or your spouse. In every step of the way, our team will consider tax consequences, all sources of income that are available or potentially available, and innovative ways to structure the payments through adjustment of their duration and amount.

Our team carefully structures the spousal support settlement to maximize your economic well-being both in the short and long term.

Our team will also be able to assist you if you or your spouse’s circumstances have changed since you the time you reached an agreement or a court order was made with respect to spousal support and you need for the amount or the duration of support to be adjusted in accordance with new circumstances.  Not all new circumstances trigger a change in the quantum of support. However, you should consult a lawyer if your situation fits in one of the scenarios below.

  • cessation of child support;
  • child commencing university;
  • significant increases in the payor’s income;
  • birth of the child in the payor spouse’s second marriage;
  • the discovery of a permanent disability in payor or payee;
  • financial change in circumstances;
  • retirement of payee or payor;
  • payee not making reasonable efforts to become employed;
  • payee becoming eligible for CPP and other pensions;and
  • remarriage of payee, payor or both.

 

Please call us at 1-844-641-1911