top of page

Find Out How Spousal Support is Determined in a Divorce in Ontario, Canada


In the event of a divorce or separation, financial matters often become a sticking point. Among these, alimony, also known as spousal support, is one of the most debated aspects. For those in Ontario, Canada, understanding how alimony is determined can make the process less stressful and more predictable. Let's delve into this subject to provide some clarity.


spousal support divorce mediation Ontario

What is Spousal Support?

Firstly, it's important to understand what we mean by 'spousal support'. It is the money paid by one spouse to the other after they separate or divorce1. The purpose of this payment is to recognize the spouse's contribution to the marriage, alleviate economic hardship that might arise from the divorce, and assist the lower-income spouse in becoming financially independent2.


How is Spousal Support Calculated in Ontario?

In Ontario, there are two basic formulas used to calculate alimony: the 'Without Child Support' formula and the 'With Child Support' formula3. The selection of the formula depends on whether or not the couple has children, and if child support is being paid.


To give an example of how these formulas work, let's consider the 'Without Child Support' formula. You would calculate 1.5% and 2% multiplied by the number of years of marriage or cohabitation, which would give you a range. Multiply this range by the differential gross income to get the spousal support amount4.




Factors Influencing Spousal Support

Ontario law regards the marital relationship as an economic partnership5. Therefore, in some cases, the spouse earning a higher income may have to pay spousal support to the other. However, it's not just about who earns more. Other factors that can influence the amount of spousal support include the length of the marriage, the roles each spouse played during the marriage, the age and health of the spouses, and their ability to become financially self-sufficient67.


It's also important to note that Canada has a no-fault divorce law. This means the reasons the marriage ended do not affect a spouse's legal obligation to pay spousal support2.



spousal support divorce mediation Ontario


Conclusion

Spousal support in Ontario can be agreed upon in a separation agreement or can be part of a court order7. To determine how much spousal support is required, calculate your gross income, which is the amount of money you make after taxes and other deductions8.


The process of determining alimony in a divorce can be complex, and it's recommended to seek legal advice to understand your rights and obligations better. Remember, every case is unique, and the courts will look at the specific circumstances of each case when deciding on spousal support.


Thinking of divorce or currently in the process? At Divorce is Simple, we offer family law mediation services as a cost-effective alternative to expensive litigation. We’ll work with you and your partner to reach a mutually beneficial agreement with the help of a neutral mediator. Additionally, our real estate team can assist with selling any property to ensure that both parties involved get what they need from the process.


We understand that divorce can be an emotional experience, which is why we offer recovery workshops to help you move on with your life after your divorce has been finalized. Our financial guidance and psychotherapy services are also available to assist you during this difficult time.


At Divorce is Simple, our goal is to make the divorce process more straightforward and accessible. We’re dedicated to helping you achieve a peaceful and dignified end to your marriage.


We're a team of experienced professionals who can help you through every step of your divorce, uncontested or contested, in Ontario, CA. We'll make the process as simple and stress-free as possible for you.


No matter what stage of the divorce process you are at, Divorce is Simple can help you move forward with ease and confidence by providing comprehensive services all under one roof! If you're considering getting divorced, consider using Divorce is Simple for all your needs today!


Book a free consultation call with our team today >





Footnotes



  1. http://www.ontario.ca/page/spousal-support

  2. https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ss-pae.html ↩2

  3. https://www.separation.ca/help-center/spousal-support/

  4. https://www.simpledivorce.ca/spousal-support-in-ontario/

  5. https://familyllb.com/learn/ontario-spousal-support-101-key-issues-about-how-spousal-support-is-determined/

  6. https://www.justice.gc.ca/eng/fl-df/fact3-fiches3.html

  7. https://www.stephendurbinandassociates.com/blog/spousal-support-in-ontario/ ↩2

9 views0 comments
bottom of page