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Understanding Spousal Support

bracelaw — Tue, 12 Jul 2022 13:00:00 +0000

If you are going through a divorce, there are many matters to settle with your ex-spouse. Not only must you determine child custody and parenting time, divide financial assets, properties, and other belongings, you must determine whether either of you are eligible for spousal support payments. It may be difficult to ask for spousal support, but if you are in need, it can greatly assist you in getting back on your feet after a divorce. This article will go over the basics of spousal support, helping you better understand what it could mean for you.

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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Top 5 Things to Know when Getting Divorced

atodev — Tue, 28 Jun 2022 14:00:53 +0000

If you are considering getting divorced, it is important that you understand your rights and obligations. Going through a divorce is a major life event and can cause disruptions to your family, finances, and lifestyle. Ensure that you have all the information possible before you begin the divorce process, in order to be prepared. Today we will go over 5 things that you should know when you are getting divorced.

1. What is the Difference Between Separation and Divorce?

While divorce and separation may seem similar, they are in fact quite distinct. Separation occurs when a common-law or married couple decide to live separately and apart. Common-law couples can go through a separation, but as they were never married, they do not need to go through a divorce.

Undertaking a separation is the first step of getting divorced, and married couples that have been living separate and apart for at least one year can then file for divorce. Once the divorce has occurred, they are no longer legally married and can then remarry, while a separation does not legally dissolve a marriage.

2. When can I File for Divorce, and How Long does it Take?

Once you and your spouse have been separated for one year, it is then possible to file for divorce. The divorce process can take some time, so you should not expect that after one year of separation has passed that you will be divorced.

Processing times for divorce cases can vary on several factors, including the complexity of division of assets, child custody agreements, and the emotions of the spouses. Generally, for the divorce process to be finalized it will take from 6-10 months.

3. Who will Get my House?

In the case of a divorce your assets will need to be divided, including your home. The property that a married couple purchases or lives in during their marriage is called the matrimonial home. Each spouse is equally entitled to the matrimonial home, and the spouses will need to come to an agreement on whether they will sell and divide the profits, or if one spouse will remain in the house. This can be a complicated process that can be facilitated with the help of a divorce lawyer.

4. What if my Spouse Doesn’t Cooperate?

You may find that throughout the divorce process, your spouse does not wish to cooperate, and you may enter a dispute. This is not uncommon, as emotions tend to run high, no matter how amicable a split. There are several ways that you can resolve disputes with your spouse, including engaging in alternative dispute resolution. This can include mediation, arbitration, and negotiation. These avenues should be explored before involving the court in order to save both parties time and additional costs.

If your spouse refuses to cooperate and is unwilling to provide necessary information such as financial disclosure, there are additional actions that you can take. To learn about the options if your spouse refuses to provide financial disclosure, contact the lawyers at Brace Law.

5. Do I Need a Lawyer to go to Court?

While you do not need a lawyer to undertake a divorce, it can be a complex procedure and it is recommended that you consult with a lawyer. Working with a lawyer can help you better understand your rights and obligations throughout the process, can help to ease your stress, and can help to negotiate a more favourable settlement. Having an experienced divorce lawyer on your side is a valuable asset and can help you move smoothly and efficiently through the divorce process.

If you are considering a divorce, we hope that this information has helped you better understand the process. If you have additional questions or need more information on divorce proceedings, contact the family lawyers at Brace Law. Our team of family lawyers can represent you in your divorce proceedings, making you feel confident in the process. For more information on Family Law, visit our Family Law FAQ to have your questions answered. With Brace Law, you can Consider It Handled!

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Answers to Your Top Spousal Support and Child Support Questions

atodev — Mon, 20 Dec 2021 13:00:31 +0000

If you are in the process of a divorce, you likely have many questions about how your assets should be divided. However, it is also important to understand what may be expected of you or your soon-to-be-ex husband or wife when it comes to spousal or child support. In today’s blog, the Family Lawyers at Brace Law will answer your most-asked questions about child and spousal support.

1. What is spousal support?

Spousal support is money paid by one former spouse or partner, to the other. It may be paid for different reasons, but is often paid to help the lower income spouse cover their living expenses. Although children are entitled to child support, a former partner is not automatically entitled to spousal support. It is important to speak to a family lawyer to determine whether you are entitled to spousal support.

2. Do I have to pay spousal support?

Payment of spousal support may arise in various circumstances including a financial need arising from the breakdown of a marriage or relationship. It is important to speak to a family lawyer if it is determined that you must pay spousal support.

3. What are the Spousal Support Advisory Guidelines (SSAGs)?

The Spousal Support Advisory Guidelines suggest appropriate timelines and ranges of support in a variety of situations for spouses entitled to support. The guidelines do not provide advice on whether a spouse is entitled to support. Entitlement depends on the circumstances of each specific case. For more information on the SSAGs, contact the family lawyers at Brace Law.

4. What if my ex-partner won’t pay their spousal support?

If your former spouse or partner is refusing to pay spousal support, you can take your matter to court to enforce this obligation, if the matter was previously not in court. If your matter is in court, you can seek further judicial intervention to enforce the order.

5. Are my children entitled to child support?

Children have the right to receive financial support from both parents until they are no longer dependents. The parent who does not have the children in their primary care typically pays child support. For more information on child support, contact Brace Law.

6. What is the difference between decision making and parenting time?

Decision-making responsibility (formerly known as “custody”) refers to which parent can make the major and non-major decisions for the children. In the majority of situations, both parents have decision-making responsibility for the children. This is called joint decision making. Parenting time (formerly known as “access”) is regarding the time-sharing schedule in place for the parent who does not have the child in their primary care.

7. How are child support payments made?

Child support payments can be made in a number of different ways. Typically, most people will e-transfer the other parent the funds. In other situations, FRO (the Family Responsibility Office) may become involved if a parent is not paying child support on time.

If you have additional questions about divorce proceedings, including division of assets or child and spousal support, the family lawyers at Brace Law are here to help. Serving the GTA, Brace Law is your go-to source for Family Law.

We serve our clients in English, Mandarin, 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. Choose Brace Law and consider it handled.

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Court Proceedings for Divorce

atodev — Wed, 05 Aug 2020 12:00:27 +0000

This blog will shed some light on what happens when all else fails, and you must start court proceedings for divorce. Unfortunately, when there’s been a breakdown in communication and you cannot get through to your ex-partner, you need to get a divorce lawyer involved as soon as possible. Depending on the circumstances of the case, for example, one of the partners wants to escape an abusive relationship, you want to start court proceedings right away.

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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