Spousal support refers to a series of payments made from one spouse to another following their separation. This critical aspect of family law involves several key factors and guidelines set by Canadian law to ensure fairness and promote self-sufficiency.

The Spousal Support Advisory Guidelines (SSAG) provide a framework for determining the amount of spousal support, using one of three different formulas. These formulas, while complicated, are the tools that family lawyers and courts use to ensure fair and equitable spousal support arrangements.

When a support order lacks a specific provision for a review, either party has the right to bring forward a motion to alter the initial order. However, for this motion to be successful, the party leading the motion must demonstrate a change in circumstances. For instance, if the recipient spouse begins earning a significant income, this could be a valid reason for the review of the support order. This process is often complex, requiring the consideration of numerous factors.

The primary objective of securing ongoing support payments is to mitigate risk. Without some form of security, there is a chance that the payor could predecease the recipient, causing an abrupt halt to the support. This could occur while the recipient still has a valid claim or need for these payments. By having a secure plan in place, it ensures that the recipient will not be left in a lurch should the payor pass away. The security serves to protect the recipient's interests, ensuring they are compensated for their outstanding claim.

The factors that influence the decisions regarding spousal support is crucial for both recipients and payors. This knowledge can greatly aid in navigating this complex area of family law, ensuring a fair and equitable outcome for all parties involved.

The termination of ongoing support orders can be a complex and challenging process, especially for payor spouses. Most court orders or agreements for child support have a standard termination clause, but spousal support orders rarely do. In this blog post, we'll explore three crucial factors payor spouses should consider when they seek to terminate support through the courts.

Spousal support agreements often come into play in the context of marital or relationship separations. These contracts, whether established before or during the relationship, outline the financial obligations of each party post-separation. They may specify whether any spousal support will be paid, the duration of such payments, and the amount, often influenced by factors such as the length of the marriage and number of children. However, the enforcement and validity of these agreements can become contentious upon separation.