When a couple divorces, the wealthier spouse often pays ongoing support. Ontario publishes guidelines, but they provide only a starting point for couples earning more than $350,000 a year.
Determining spousal support in an Ottawa high-income divorce can be complicated. If you are looking for assistance with this, consider working with a lawyer familiar with the complexities of high net-worth divorces. The team at the Riley Divorce & Family Law Firm has the experience required to help you meet your divorce objectives.
The Ontario Family Law Act s/30 codifies spouses’ obligations to support each other, but courts do not automatically grant spousal support. The spouse seeking it must request it and prove they are entitled to it. Ontario courts have recognized three grounds for spousal support:
An express agreement to provide ongoing support might be included in a marriage contract, but verbal assurances can be sufficient to trigger an obligation.
Either spouse can request ongoing support. Marital misconduct has no bearing, so a spouse can receive support even when their infidelity was the cause of the marriage’s failure. Our Ottawa lawyers could review the circumstances of a high-income divorce to determine whether there are grounds for spousal support in your case.
Judges have discretion when considering spousal support. They balance several factors to find a solution that enables the less affluent spouse to maintain a similar lifestyle. Our Ottawa high-asset divorce lawyers could craft persuasive arguments supporting your spousal support objectives.
The longer the marriage, the more generous the support and the longer the obligation. If your marriage lasted 20 years or longer and one spouse was financially dependent for much of that time, the spousal support obligation may be indefinite.
If you have young children or a disabled adult child who requires care, the spouse who acts as primary caregiver is likely to receive more spousal support because their caregiving responsibilities will impact their ability to become self-supporting.
A spouse with marketable skills who has recently been employed may be eligible for short-term spousal support while they regain their footing in the workforce. When a spouse relinquishes their educational or career opportunities to be a full-time homemaker, long-term spousal support may be appropriate.
Judges recognize that older people may have difficulties finding remunerative employment even when they have valuable skills. In addition, health concerns may limit an older spouse’s opportunities to become financially independent. When the length of the marriage plus the recipient spouse’s age equals 65 or more, judges may grant spousal support after even a short marriage.
Couples with substantial resources often enter into marriage contracts before the wedding or during their marriage. Many couples opt to waive spousal support in these agreements.
Courts generally enforce properly executed marriage contracts, but in the event of a challenge, they will review the agreement for fairness in the current circumstances. A judge could grant spousal support despite a waiver in a marriage contract if the couple’s circumstances have changed substantially in the interim. Our Ottawa high net-worth divorce lawyers could defend or challenge a spousal support waiver.
Spousal support can have a significant impact on your lifestyle after divorce. If you and your spouse are a high-net-worth couple, it is important that you understand the complexities of spousal support in an Ottawa high-income divorce.
The lawyers at the Riley Divorce & Family Law Firm are adept at managing disputes regarding spousal support in high-asset divorces. Contact us today to gain the support of a strong advocate.
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