Spousal Support Lawyer in Toronto – Legal Help You Can Trust

Are you dealing with the complexities of spousal support? Whether you’re seeking support or contesting a claim, having the right legal guidance is essential. At J.N. Mukongolo Family Lawyers Toronto, we provide trusted legal help in Toronto, Scarborough, and North York to ensure your rights are protected and your future is secure.

What is Spousal Support and Why is it Granted?

Spousal support (also called alimony) is money one spouse pays to the other after a separation or divorce. It can be paid monthly or in one lump sum.

In Ontario, the law that applies depends on your relationship:

• Married couples: The Divorce Act (federal law) applies.
• Common-law couples: The Family Law Act (provincial law) applies if you’ve lived together for at least 3 years or have a child together.

Spousal support is granted to help a lower-earning spouse maintain financial stability after the relationship ends.

Factors considered when determining spousal support

The courts consider several factors when determining the amount and duration of support:

• Each party’s current and future financial means
• The recipient’s ability to become self-supporting
• The payor’s ability to provide support
• Age and physical or mental health of both parties
• The standard of living during cohabitation
• Contributions made to the other party’s career
• Childcare responsibilities and domestic roles during the relationship

The impact of the relationship on the recipient’s earning capacity

Additional facts about spousal support in Ontario

• Child support takes priority over spousal support.
• Courts do not consider misconduct or improper behavior when calculating support.
• Spousal support is tax-deductible for the payor and taxable for the recipient.
• The length of the relationship plays a major role in determining support.

Understanding the federal spousal support guidelines

While not legally binding, the Spousal Support Advisory Guidelines released by the Department of Justice provide helpful recommendations. They consider:

• Length of the marriage or cohabitation
• Income and employment history of each spouse
• Number of children

Some judges use these guidelines for reference, while others rely more on case-by-case evaluation.

How is spousal support calculated?

Both parties must file a Financial Statement, outlining income and expenses. The court uses this to assess:

• One party’s ability to pay
• The other party’s need for support
• Credibility of claimed expenses

The judge also considers:

• The standard of living during the relationship
• Steps each party has taken to become financially independent
• Any ongoing education or training
• Whether someone is deliberately underemployed to avoid paying support (in which case income may be “imputed”)

Appealing or modifying spousal support

Spousal support arrangements are not necessarily permanent. Life happens—jobs are lost, careers change, people retire or remarry. When your financial situation changes significantly, you may be eligible to request a variation in your spousal support order.

Whether you’re seeking to reduce, increase, or end a support payment, we’ll guide you through the legal process to reflect your current reality.

Need to update a spousal support order due to job loss or retirement? We’ll help you file a variation application based on your new circumstances.

Spousal support for common-law partners

Many people don’t realize that common-law spouses may also be entitled to spousal support. If you’ve lived together for at least three years—or have a child together in a long-term relationship—you could qualify under the Family Law Act.

The same considerations apply: financial need, length of the relationship, and your role during the time you lived together.