Triggers for spousal support more than just needs of one spouse




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When you read about divorce and spousal support or alimony, you may think that this payment will be for the rest of the receiving spouse’s life or the life of the paying spouse. This isn’t true. The Divorce Act of Canada says that it can be a lump sum payment or series of payments that enables the spouse receiving this money to get education, job training or time to get back into employment.

The court will listen to the circumstances and will render a decision based on the evidence presented by your lawyer. Therefore, you and your lawyer will need to be sure to communicate regarding your financial situation and the situation of your marriage.

The court will look at the condition, means and needs and other circumstances of each of you and will look closely at the following:

— The length of time you lived together

— The function that each person in the marriage performed, such as if one was a stay-at-home parent

— Any type of agreement or unwritten arrangement that the two on you had

Another aspect that the court will look at is any type of provable evidence that one person in the marriage was abusive or was simply acting in a way that caused discord.

Having the law behind you is a valuable asset. Knowing what it says may help you in your case.Whatever the court thinks is reasonable is what will happen. You need to have an experienced, knowledgeable lawyer who can ensure that your side of the story is told and who will watch out for your best interests.

Source: Divorce Act of Canada, “Spousal support orders,” accessed Sep. 12, 2015


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