Although they are not part of statutory law, most Canadian courts and legal advisors refer to the Spousal Support Advisory Guidelines when determining spousal support payments in Ottawa divorce proceedings. These guidelines form the foundation for monthly payments one spouse makes to the other following the dissolution of their marriage.
To ensure the fairest application of these guidelines, a spouse who intends to file for divorce should retain a legal team with extensive knowledge and experience. Business professionals, executives, and other high-net-worth individuals rely on our spousal support lawyers at The Riley Divorce & Family Law Firm for their legal needs.
In Ottawa, determining spousal support payments in divorce cases depends on the unique circumstances of the divorcing spouses’ life together, including their respective incomes, the difference between those incomes, the length of the marriage, and whether they have children. Typically, longer marriages result in higher payments over a longer period. In cases involving children, a divorce court may use a formula that generally sets payments at approximately one-third to one-half of the parties’ disposable family income before the divorce.
A divorce court will apply a different formula when the parties have no children, with payments generally based on a lower percentage of the difference between their gross incomes. A skilled lawyer at The Riley Divorce & Family Law Firm could provide a specific estimate of the spousal support payment that may be required in your case.
Like the amount of the monthly payment, the duration of spousal support payments in Ottawa divorce proceedings depends on factors including the length of the marriage. If the marriage is less than five years old, the court might order support for only two to five years after the divorce becomes final.
For marriages that lasted more than five years, support payments might continue indefinitely, particularly if the sum of the number of years married and the age of the spouse receiving support exceeds 65. However, this only applies if the recipient demonstrates an entitlement to payments, for example, by showing how difficult it would be to re-establish an independent source of income.
Canadian courts are not strictly bound by the guidelines, but have the flexibility to set spousal payment amounts in Ottawa that are fair and equitable under the circumstances of each case. They can, for example, order retroactive payments to account for hardships that arise during divorce proceedings. They can also modify payment schedules based on material changes in a party’s income or lifestyle.
Furthermore, if child support payments are part of a divorce decree, those payments will always take priority over spousal support. Child support typically continues until a child reaches their 18th birthday, or up to age 22 if they are pursuing a university degree. A party can revisit spousal support obligations when child support requirements end.
Our lawyers at The Riley Divorce & Family Law Firm have extensive experience in negotiating support agreements and in using Canada’s Spousal Support Advisory Guidelines in determining spousal support payments in Ottawa. Our philosophy is that spousal support agreements should be fair and equitable without placing undue or unnecessary strains on either party’s financial situation.
Please call our office to arrange a private and confidential consultation with one of our lawyers. We are available 24 hours a day and can accommodate a meeting time that fits your schedule.
The Riley Divorce & Family Law Firm
