Spousal support is a monthly financial payment from one ex-spouse to another to pay for that partner’s financial needs after divorce. Also known as alimony, spousal support can be ordered on a long-term or temporary basis depending on the circumstances. Spousal support can also be modified when situations change, and the original order is no longer appropriate to your life needs.
An experienced Oakville spousal support modification lawyer can help you understand when and how support can be changed in Ontario. If changed circumstances demand modification, our dedicated alimony lawyers at the Riley Divorce & Family Law Firm will take the necessary legal steps on your behalf. With 24-hour availability, call our law office today to learn more about your options.
Spousal support is meant to help a spouse remain financially stable and maintain their style of living after divorce. For example, if one spouse primarily served as a homemaker and sacrificed income while the other spouse advanced their career, it would be unfair to leave the lower-earning spouse without dependable financial resources. Spousal support adds fairness to the financial equation for as long as a court finds it necessary.
Spousal support is calculated under Sec. 33 of the Family Law Act using several factors, including:
The Spousal Support Advisory Guidelines offer more details on how spousal support is calculated and the factors involved. A knowledgeable Oakville lawyer can help you understand how spousal support is calculated and how (or when) it can be modified.
Spousal support can be modified when a partner’s income changes, the recipient partner remarries, or other major life events occur. Knowing when and how to modify spousal support is essential, and an Oakville lawyer can help. At times, separation agreements might address future circumstances when spousal support can be changed. If not covered by agreement, potential changes will need to be addressed in court.
Ontario courts need to see proof of a material change in circumstances before changing a support order, under the Divorce Act § 17(4.1). The change must have been something that would have resulted in different terms had it happened before the original support order. A material change must be substantial, unforeseen, and one that will be ongoing. Some examples of material changes in circumstances to change spousal support include:
Whether you are paying spousal support or receiving spousal support, you can request modification of support when material changes affect you or your former partner. An experienced Oakville alimony modification lawyer can investigate the facts and take required action in court when changes are needed.
Spousal support is an ongoing financial obligation that is subject to change when major life events happen. If you are paying support or receiving support and believe changes are necessary, reach out to an Oakville spousal support modification lawyer at the Riley Divorce & Family Law Firm to learn about your legal options. Our team of lawyers is available 24 hours a day to assist you.
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