The question of whether one party to a divorce may have to continue financially supporting the other after finalizing the dissolution of their marriage is often a contentious one. While provincial law offers some advisory guidelines about who might owe spousal support and what amount of support would be appropriate under various circumstances, it is possible to convince a court to increase or decrease the payments suggested by law.
Representation from a knowledgeable family lawyer could be essential to protecting your rights during this stage of a divorce from a long-term partner. Whether you want to pursue support payments or contest the need for such support, an Ottawa spousal support lawyer’s assistance could have a substantial impact on your odds of obtaining a favorable resolution.
Despite the name, spousal support is not restricted exclusively to individuals who were once married and have since gotten divorced. Courts may also award spousal support in situations where an unmarried couple splits up after cohabiting for at least three years, or when two unmarried people have a child together following a relationship of any length.
Regardless of the nature of your relationship with your former partner, though, you will need to prove that at least one of the following criteria applies in your case for you to be eligible for alimony:
An Ottawa alimony lawyer could help prove your entitlement to spousal support or disprove any of these factors to refute the need for post-divorce spousal maintenance.
When making decisions on the amount of spousal support that qualifying individuals should receive, Ottawa family courts begin by following the spousal support advisory guidelines outlined under provincial law. These guidelines tend to focus heavily on the length of the relationship above all other factors, allowing for higher payments following the dissolution of longer relationships. Additionally, there are two different spousal maintenance formulas for situations where child support is or is not a factor.
However, there are various other things a court may take into consideration when deciding how much spousal support a particular person may owe or be entitled to receive, such as:
A spousal support lawyer in Ottawa could provide custom-tailored guidance about how a particular case might play out based on your unique circumstances and needs.
Spousal support does not play a role in every divorce or separation, but when it does, the same rules and guidelines do not apply equally to all cases. Put simply, understanding your rights and effectively advocating for your best interests during alimony proceedings is not something you should try to manage without professional legal guidance.
A seasoned Ottawa spousal support lawyer could offer the help you need to achieve the result you want. Our family lawyer, Paul Riley, is available 24 hours a day, so call at any time to schedule a consultation.
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