Spousal Support

Spousal Support Definition

Spousal support determination in Ontario takes into consideration many different factors including the occupation of each spouse during the marriage, the length of the marriage, age, physical health and career potential of each party. Spousal support may be awarded if it is demonstrated that one party: 

  • Suffered an economic disadvantage during the marriage;
  • Deserves a financial relief; 
  • Contributed to the care and upbringing of the children during the marriage. Spousal support may be paid for periodically or in a lump sum. 
  • The claim for spousal support can be very broad. There are two categories you may fall into for spousal support, compensatory and none-compensatory. Compensatory essentially means
    that you suffered a disadvantage as a result of the marriage. Non-compensatory
    is based on need. 

In Ontario, the party who pays spousal support is entitled to claim the amount as income tax deductible. The party who receives spousal support is obliged to claim the spousal support as taxable income. However, spousal support may also be paid in lump sum so it may not be deductible for tax purposes. You will need an experienced family lawyer to deal with these issues and guide you through the process.

For more information kindly contact us for a consultation with a Specialist Family Lawyer.