Lorne Fine Professional Corporation—Family Law Lawyers in Toronto

Frequently Asked Questions about Spousal Support or Alimony

Q: Do I have a right to claim spousal support (alimony)?

A: If you are a spouse (married or common-law), you have a right to claim spousal support, also known as alimony. Usually spousal support would be granted by a court if a spouse was dependent on the other spouse financially during the relationship or the spouse has suffered some “detrimental economic circumstances” as a result of the relationship (i.e., stayed home to raise children, was in ill health, etc.). Unlike child support, the amount of spousal support is tax deductible to the support payor and taxable to the support recipient.

Q: How is spousal support (alimony) determined?

A: There are numerous factors to consider in determining whether or not a spouse is entitled to support and the amount of spousal support. They include, but are not limited to, the following:

• The needs of the dependent spouse based on the lifestyle enjoyed during the relationship
• The ability of the payor to pay support
• The length of the marriage which will include the time lived together prior to marriage
• The age and physical and mental health of both spouses
• The dependent’s capacity to contribute to their own support
• The standard of living enjoyed during the marriage
• The career sacrifices of the dependent spouse for the career advancement of the other spouse

Q: Is there a “guideline” to determine the amount of spousal support (alimony)?

A: Unlike child support, there are no legislated guidelines in order to determine the amount of spousal support. However, recently the “Spousal Support Advisory Guidelines” (the “SSAG”) was developed by leading family law academics and family law specialists which attempts to assist parties in determining the amount of spousal support. Although not binding in a court, the SSAG are helpful in determining the proper amount of spousal support. The SSAG are based on a formula which considers the parties’ respective incomes, the length of the marriage, whether there are other children and other considerations. Most family law lawyers have a computer program which can assist in the determination of the amount of spousal support.

Filing for divorce can be a stressful process filled with uncertainty about the future. Perhaps your spouse was the primary provider and you do not know how you are going to make ends meet when you are no longer married to your spouse. Canadian law provides for dependent spouses to receive spousal support, or alimony. Determining how much money you need and deserve demands the careful attention of an experienced lawyer. At Lorne Fine Professional Corporation, we take great pride in protecting our client’s best interests so that they have peace of mind about the future and can more readily focus on the matter at hand. We aggressively protect the rights of our clients and know when to negotiate and when to litigate.

Call 416-661-2066 to talk with family law lawyer Lorne Fine about alimony in Toronto and other concerns you may have about your divorce.

THE INFORMATION HEREIN IS FOR INFORMATION PURPOSES ONLY, IS NOT INTENDED AS LEGAL ADVICE, AND SHOULD NOT BE RELIED UPON AS LEGAL ADVICE.

“I would recommend Lorne because he's a realist and always in control of a situation or conversation. As a result, he is able to get people to the table to negotiate and will fight for what your needs are.”

Gail M. – Etobicoke