Imputed Income: When the Court Decides What You “Should” Be Earning
When your relationship ends and child or spousal support is on the table for resolution, everything starts with one question: How much does each spouse or parent earn? It sounds simple. You’d think the answer is on your respective income tax returns. But in Family Law, the income a court uses to calculate support isn’t always the income each of you actually earns. Sometimes the...
Can Spousal Support Be Changed After Separation?
If you’ve been divorced for a while and are either paying or receiving spousal support, then you’ll know that the determination as to the amount was the result of a complex process. The primary factor was your and your Ex’s financial circumstances at the time of your separation. But as you will also know, those circumstances may have changed in the years that followed. You or your Ex may...
A Practical Guide to Spousal Support in Ontario
When a marriage or common-law relationship ends in Ontario, one of the biggest financial questions is whether one spouse should pay support to the other. It’s referred to as “spousal support” in Ontario and Canada (and “alimony” in the U.S.), and this type of payment is intended to help ensure fairness after a breakup, especially when one spouse was financially dependent on the other. Let’s...
Can You Be Separated and Still Living Together? CRA Rules, Explained
If you and your spouse have decided to separate, you might assume one of you has to move out right away. But with today’s high housing costs, shared parenting duties, or simply needing more time to sort things out, many couples live in ‘same household separation’ conditions. Discover how the CRA views couples who are separated and living together, and what evidence is required to confirm...
How Long Does Spousal Support Last in Ontario?
Spousal support is often one of the more complicated parts of a separation or divorce. If you’re paying or receiving support in Ontario, you’re probably wondering: how long will this last? Unfortunately, there’s no one-size-fits-all answer. The end date can vary widely depending on your circumstances, what the court decides, and what you and your Ex have agreed to. In this brief...
When Will a Court Deny Spousal Support?
When a relationship breaks down, one of the biggest worries people have is money – including who might owe spousal support to whom. Many people make incorrect assumptions, such as: Spousal support is automatically awarded by courts It’s always the wife who gets spousal support Spousal support usually goes on indefinitely, long after the divorce papers are signed. None of these is true, at...
Do I Have to Support my Ex-Wife After Our Divorce?
That’s a question we get asked often at our law firm. Of course, the answer is not straightforward since, under Canadian law, it depends on a multitude of factors. But if you have this same question on your mind, here are some key points that will go into the answer – though getting the advice of an experienced Family lawyer is also highly recommended. (And note that while this blog is...
Imputing Income – Determining the Proper Quantum of Child and Spousal Support
If you are separating or divorcing from your spouse, you’ll know that a key step in the process is to determine how much annual income each of you earns. Accurately setting those income amounts is important, because it factors into the legal determination of how much spousal or child support must be paid, and by whom. In a perfect world, each of you would both be forthright and honest about...
How Does Adultery Affect Divorce Under Canadian Law?
Has your spouse been unfaithful? Are you considering a divorce? If so, you might be wondering how your spouse’s adultery affects your own legal rights. Here are some of the key points you should know. Adultery is one of the grounds for getting a divorce in Canada. Under the federal Divorce Act, you are only eligible to divorce if you can show there has been a “breakdown of the marriage”. That...