The Advisory Guidelines are a valuable tool for legal professionals and couples navigating the complexities of spousal support. They offer a systematic approach to determining support, reflecting the principles and jurisprudence that have developed under the Divorce Act (DA) in Canada. They have been approved for use by the Court of Appeal for Ontario, further cementing their importance in the legal system.

The Spousal Support Advisory Guidelines (SSAG) are intended to provide a fair and standardized approach to spousal support, but they are not one-size-fits-all. There are several scenarios where deviations from the norm are permitted. This post will delve into several exceptions to the SSAG, including cases involving high or low payor income, compelling interim financial circumstances, debt payment, and more.

Spousal support after separation can often be a contentious and emotionally charged issue. It's critical to understand the process and the steps needed to ensure a fair outcome for all parties involved. This blog post will discuss the importance of prompt action, the evidence required for a motion, and the best practices to protect your position.

Courts possess the authority to order lump-sum spousal support under certain acts. Section 34(b) of the Ontario Family Law Act and Section 15.2 of the Divorce Act provide the legal basis for such orders. However, courts rarely exercise this authority. Some factors that could lead to a lump-sum spousal support order include relieving financial hardship, the payor's ability to make a lump sum payment without undermining future self-sufficiency, and the risk of non-payment of periodic payments.

Spousal support is a fundamental aspect of family law, and understanding it is crucial for both parties involved in a divorce or separation. This blog post aims to detail the process of seeking spousal support, focusing on three essential aspects: pleading, evidence, and financial disclosure.

Navigating the complexities of spousal support can be overwhelming, particularly in the wake of a divorce or separation. This article aims to shed light on the theoretical explanations for statutory spousal support as developed by the Supreme Court of Canada. Our focus will be on the Compensatory Basis for Spousal Support, and the Non-Compensatory Basis for Spousal Support.

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.