Finances are a common concern when considering a separation or divorce from your spouse. Whether you are a higher or lower-income earner, the subject of your finances is crucial, and often the indicator of your quality of life, going forward.
You or your spouse may be entitled to claim spousal support, regardless of whether you were married or in a common-law relationship.
The Purpose of Spousal Support
The purpose of spousal support is to address financial disparities between spouses that arise from the breakdown of a marriage or relationship. It helps both spouses achieve financial independence and maintain a similar standard of living as they did during their relationship.
Types of Spousal Support
- Interim Spousal Support: This type of support is provided temporarily during the period of separation or divorce proceedings before a final spousal support order is issued. Interim support ensures that the recipient’s spouse has financial assistance while the legal process is ongoing.
- Compensatory Spousal Support: Compensatory support is awarded to compensate one spouse for sacrifices made during the marriage that directly impacted their ability to earn income or acquire assets. This could include sacrificing career opportunities to support the other spouse’s career advancement or investing in the other spouse’s education or training.
- Non-compensatory Spousal Support: Non-compensatory support is based on the principle of need rather than compensation for sacrifices made during the marriage. It is awarded to address disparities in income and standard of living between spouses post-divorce, particularly when one spouse has a significantly higher income or earning potential than the other.
- Bridge-the-Gap Spousal Support: Bridge-the-gap support is designed to help the recipient spouse transition from being financially dependent on the other spouse to becoming financially self-sufficient. It is typically awarded for a short-term period to cover immediate financial needs or to assist with expenses related to acquiring education or skills necessary for employment.
- Durational or Time-Limited Spousal Support: Durational support is awarded for a specific period of time, often based on the length of the marriage or until certain milestones are reached (e.g., completion of education or training). This type of support provides financial assistance to the recipient spouse for a defined duration, after which it terminates.
- Indefinite or Permanent Spousal Support: Indefinite support, also known as permanent support, continues until a specified event occurs, such as the death of either spouse, remarriage of the recipient spouse, or a court order modifying or terminating the support obligation. This type of support is typically awarded in long-term marriages or in situations where the recipient spouse is unable to achieve financial independence due to factors such as age, health, or disability.
- Nominal Spousal Support: Nominal support involves the payment of a minimal amount of spousal support, often symbolic in nature, to maintain the jurisdiction of the court to revisit spousal support issues in the future if circumstances change significantly.
Determining When Spousal Support Should be Paid in Ontario
When determining the eligibility requirements of spousal support, the first hurdle is to determine whether the spouse claiming support is legally entitled to spousal support. Many factors are considered. These include, but are not limited to:
- the length of the relationship;
- the roles or duties performed by each spouse during cohabitation;
- the education of the parties;
- the parties’ standard of living during the relationship;
- the age of the parties at separation;
- the medical or health condition of the party claiming support;
- the needs and expenses of the parties; and
- the parties’ respective incomes.
Whether you are the support recipient or payor, consulting an experienced family law lawyer about your potential rights, risks, and obligations regarding spousal support is the only way to ensure that your rights will be protected.
Learn how to determine when separation starts in the eyes of the courts.
Length of Spousal Support
In Ontario, the duration of spousal support payments can vary depending on the circumstances of the case. There is no fixed duration set by law, and it’s determined based on factors such as the length of the marriage or relationship, the financial needs of the recipient spouse, and the ability of the paying spouse to provide support.
Spousal support can be:
Time-limited: Awarded for a specific period, such as a few years or until certain milestones are reached, such as completion of education or training.
Indefinite or indefinite: Sometimes referred to as permanent support, which continues until a specified event occurs, such as the death of either spouse, remarriage of the recipient spouse, or a court order modifying or terminating the support obligation.
The duration of spousal support is typically outlined in the spousal support agreement or court order. It’s important to note that spousal support arrangements can be modified or terminated if there are significant changes in circumstances, such as a change in income or financial status of either spouse.
Modification and Termination of Spousal Support
There are several reasons spousal support in Ontario would be terminated or changed.
Material Change in Circumstances: Spousal support orders can be modified or terminated if there is a material change in circumstances for either the payer or the recipient. This could include changes in income, employment status, health, or remarriage.
Voluntary Agreements: Spouses can agree to modify or terminate spousal support payments outside of court. These agreements should be formalized in writing and filed with the court for enforcement purposes.
Court Applications: If spouses cannot reach an agreement, either party can apply to the court for a variation of the spousal support order. The court will consider the reasons for the requested change and the financial circumstances of both parties before making a decision.
Review Periods: Some spousal support orders include review periods, during which the support arrangements are automatically reconsidered. This allows for adjustments based on changes in circumstances without the need for court intervention.
Enforcement of Spousal Support Orders
Spousal support must be paid, if left unpaid there are options to ensure payment is made including:
- Garnishment
- Seizure of Assets
- Enforcement by FRO
- Contempt of Court
- Legal Action
Learn more about the process of how and why spousal support needs to be paid.
If you would like to speak with one of our lawyers regarding further issues related to this topic please contact us at (416) 840-1475 or schedule your free initial consultation here.