qualify

How is Spousal Support or Alimony Determined?



Sharing buttons:

How is spousal support or alimony determined? Hi, I'm Brian Galbraith. I'm the owner of

Galbraith Family Law Professional Corporation. We're a law firm of divorce and family law

lawyers with offices in Barrie, Orillia, and Newmarket Ontario. Spousal support or alimony

as it is referred to in the United States is the payment of money on a monthly basis

from one spouse to another. It can be paid after the end of a common law relationship

or after a marriage. Now, not every case results in an obligation to pay spousal support. It

all depends on the facts of your case. There are various factors that are taken into consideration.

For example, the length of the relationship, the health of the parties, the age of the

parties, the incomes of the parties, if there is a large differential in income between

the two parties, the roles that the parties played during the relationship. Whether there

are any child care obligations that fall primarily on one person and lesser so on the other person.

Whether there has been any sacrifices of a career by one party to support the other person's

career. Now, there are many other factors that are taken into consideration. It all

depends on the circumstances of your case. Let's say that there is an obligation for

spousal support. The next question is how much? Well, in Ontario, we have the spousal

support advisory guidelines. These guidelines are very helpful. Again, they're guidelines

so they're not determinative. They are predictive of what the courts will likely order and so

usually they carry great weight in negotiations. What we do when you come into our office for

a consultation and retain one of our lawyers, we have a computer program. Each of the lawyers

has access to the program, and it has the spousal support advisory guidelines in it

and is used to determine the likely range of outcome for your case.

The next question we get asked is how long is spousal support paid. Again, there is no

black and white answer. It depends on a whole series of factors. One of the factors is the

length of the relationship. Generally speaking, longer relationships result in a longer obligation

to pay spousal support. Accordingly, shorter relationships result in shorter periods of

spousal support. Another factor is if there are any children that are dependent and who

is primarily responsible for those children. It all depends on the circumstances of your

case. Let's say the relationship is more than 20 years, generally speaking in most cases,

the obligation for spousal support is forever. Now, as you've heard in this video, there

are many factors that are used to determine whether there is an obligation, how much that

obligation is, and how long that obligation for spousal support will last. My best advice

to you is come speak with one of our lawyers and we can help you determine the likely range

of obligation in your situation. If this video has been helpful, give it a thumbs up or like

it or better yet, share it with somebody who might find it useful or interesting. If you're

ready to get some legal advice, go to our website which is www.galbraithfamilylaw.com

and you can arrange for a consultation by filling out one of the forms on the website.

Thank you very much and good luck.