1. What is Spousal Support?

Spousal support is money that is paid by one former spouse or partner to the other. It may be paid for a variety of reasons, but it is often paid to help the lower income spouse cover their living expenses. Spousal support is separate from child support, and spousal support can often contribute to the costs of caring for children. However, while children are automatically entitled to support, a former partner is not always entitled to spousal support. 

2. How are Spousal Support Payments Decided?

Spousal support payments can be determined either through negotiation as part of a separation agreement, or by a judge if an agreement cannot be made. In this case, the judge will decide the amount of spousal support and how long the support should be paid. It is a good idea to get legal advice before you sign any agreements made with a former spouse in order to be sure all is being done properly. 

3. How to Determine if you Are Eligible for Spousal Support

To be eligible for spousal support, you must have been married, lived together as a couple for at least three years, or have been in a relationship of some permanence for any length of time and have a child together. You will also need to demonstrate at least one of the following in order to be eligible:

• You had responsibilities during the relationship that prevented you from building your own career, such as taking care of children or helping your spouse build their career.
• Your separation or divorce left you in need of financial support and the other spouse has enough income and assets to pay support.
• You have a legal agreement that says you will get spousal support if you separate.

Other factors may also be considered by the court, such as age, health, and childcare requirements. The amount of spousal support ordered will depend on factors such as income, children, age, roles during the relationship, mental and physical health, and the ability to support oneself. Often, a lawyer will be able to help determine the appropriate amount of support given your circumstances, based on the Spousal Support Advisory Guidelines. 

4. Spousal Support Advisory Guidelines (SSAGs)

The Spousal Support Advisory Guidelines (SSAGs) suggest appropriate timelines and ranges of support in a variety of situations for those entitled to support. The SSAGs are not rules; they are only guidelines but are often used by lawyers and judges to determine how much spousal support should be paid, and for how long. For more information on the SSAGs, contact the Family Lawyers at Brace Law. 

5. What if my Ex-Spouse Won’t Pay Spousal Support 

If your former partner refuses to make spousal support payments, you can speak with them on your own or with the help of a mediator or lawyer. If they continue to refuse, you will be able to take your matter to court to enforce their obligation if the matter was not previously in court. If your matter is in court, you can seek further judicial intervention to enforce the order. The court can deduct support from your former spouse’s bank account, retirement savings, or wages.  

If it is not possible or safe to speak with your spouse, you may also need assistance from the courts or the Family Responsibility Office (FRO). The FRO can enforce support by taking money directly from the payor spouse’s bank account, suspending the payor spouse’s driver’s license, or starting a court case against the payor spouse. This will not cost anything for the spouse seeking or receiving the support. 

If you are unsure whether you are entitled to spousal support in your divorce, the Family Lawyers at Brace Law can work with you through the process. Whether you are negotiating a separation agreement, going to court to finalize your separation, or looking to enforce an existing order, Brace Law’s experienced team can help you achieve the best result. When you work with Brace Law, you can Consider It Handled. 

We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. 

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1. What is the difference between separation and divorce?

A separation is when a common-law or married couple decide to live separately and apart. Common-law couples do not need to get divorced, as they were never married. Only married couples need to get divorced. Once a married couple has been living separate and apart for at least one (1) year, they can file for divorce. This means they are legally no longer married and are free to remarry.

2. When can I file for divorce?

In order to file for a divorce, you and your spouse must be separated for at least one (1) year.

3. How long does the divorce process take?

Processing times for divorce cases vary depending on several factors. However, for the divorce process to be finalized, it ranges from 6-10 months. Backlogs as a result of COVID-19 can make this wait time longer.

4. My spouse refuses to provide me with financial disclosure, what should I do?

There are certain actions you can take if your spouse refuses to produce and provide you with financial disclosure. To find out more about this, contact the family lawyers at Brace Law.

5. What is a matrimonial home?

A matrimonial home is the property which a married couple purchases or lives in during their marriage.

6. Am I equally entitled to my matrimonial home as my spouse is? 

Yes, you are equally entitled to your matrimonial home as your spouse is. For more information, contact Brace Law.

7. How do I resolve my issues with my spouse?

There are many ways you can attempt to resolve disputes with your spouse. Before involving the court and to avoid costs, parties are encouraged to resolve matters through alternative dispute resolution. Some of which include mediation, arbitration, and negotiation. To find out more, contact our family lawyers at Brace Law.

8. Do I need a lawyer to go to court? 

Although you can file an application for divorce without a lawyer, it is recommended that you consult with a lawyer to better understand your rights.

We hope that the answers to these questions has given you confidence in pursuing your divorce. If you have additional questions, need more information, or would like to obtain legal counsel to represent you in your divorce proceedings, contact Brace Law. The divorce lawyers at Brace Law are happy to work with you to get you the outcomes you deserve in your divorce.

We serve our clients in English, Albanian, Italian, Arabic, Punjabi, Hindi, Farsi and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. Choose Brace Law and consider it handled.

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It is very important that when you tell your relationship story to your lawyer, provide the full picture: be complete, honest and truthful. Do not leave out any information and provide evidence and proof. Your lawyer needs to know what information needs to be put into the application especially if children are involved. The application needs to be very detailed in terms of children including child custody, child access and child/spousal support. Dates are especially important because a timeline allows a judge to understand the information and have a better understanding of your side of the relationship.

If court proceeding has not yet started, your divorce lawyer will submit an application and you become the applicant. If court proceeding has started, you have a set number of days (usually 20 days and you can ask for an extension of 10 more days) to respond to the application and you become the respondent in the matter.

It cannot be stressed enough how important it is that your lawyer knows in detail your relationship history. This way, your lawyer can better represent you in front of the judge. Whether you are initiating an application or responding to one, the judge is not asking you questions. They are reading the affidavit and trying to understand your perspective especially if you’re asking for certain things like child access, child support, primary residence, spousal support and a division of the property.

Another matter that is extremely important and you have to be consistent with, is the separation date, when did the relationship end. If the partners involved dispute the separation date, you will have to provide proof to actually show when the separation did occur.

Another thing that is also very important is the disclosure of the financials from both partners, you and your ex-partner, because we will be asking for support whether it’s child support or spousal support.

There will be a lot of communication between lawyers, your partner, as well as a judge present. There may be a lot of temporary orders issued. Although it’s best to avoid a trial, this depends on how severe your family case is.

Filing for Divorce or Separation, Custody & Access, Child Support, Division of Assets? We Can Help. We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. For more details, call us at 905-815-6555 or email admin@bracelaw.ca

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