Entitlement to Spousal Support

June 22nd, 2015 by John Schuman

Podcast #30 – Entitlement to Spousal Support.

Spousal support is an issue after the separation of many married and common law couples. It is a complicated area of law that is often misunderstood by people who are not family law lawyers. As a result, it is an area where separating spouses can make some very expensive mistakes. One of the biggest possible mistakes to make is the assumption that a spouse is entitled to spousal support. People look at on-line support calculators and assume that if that calculation shows spousal support owing that there must be support owing. That is absolutely a mistake. The Guidelines on which those calculations are based state that you should not even look at those calculations until it is clear that there is entitlement to spousal support.

Entitlement to spousal support is harder to achieve than many people assume. The Family Law Statutes set out specific tests and circumstances when spousal support is payable, which if not met, means no spousal support. Entitlement can be established on the basis of contractual obligations, compensatory support or non-compensatory support. Where entitlement is established, the same considerations affect how much spousal support is paid and for how long. It is not always correct to assume the midpoint for quantum and duration of spousal support. Considering all these factors correctly can put a lot more money into the pocket of a separating spouse. This edition of the Ontario Family Podcast gives an overview of entitlement to spousal support and all these factors. Separating spouses should list to this podcast to make sure that they do not shortchange themselves.

[Podcast #30] Entitlement to Spousal Support

For more information regarding entitlement to spousal support or any other family law related matters, please contact Toronto family lawyer John Schuman at 416-446-5080, or check out DevryLaw.ca.

This podcast is provided for general information only. It does not constitute legal advice with regard to any specific situation.

 



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