How Can a Family Lawyer Help in Spousal Support Issues?
Spousal support (also called alimony) is a court-ordered financial payment from one spouse to another after divorce. Family lawyers can help with spousal support issues by providing legal advice and handling legal paperwork.
Canada has specific criteria for courts to follow when determining alimony awards. This support typically ends when the supported spouse remarries or becomes financially self-sufficient.
Divorce
The legal divorce can be complex and confusing, mainly if children are involved. An experienced family law attorney can assist you in filing the proper paperwork and completing all required steps to dissolve your marriage.
A relatively friendly divorce can result in disagreements about property division, spousal support, and child custody. Skilled attorneys understand the complexities of these issues and can negotiate an acceptable settlement that best protects their clients’ interests.
In situations of domestic violence, a qualified and compassionate family lawyer can help you obtain an order of protection that can keep your spouse or ex-partner from contacting you or your children, require them to stay away from your home, and relinquish any firearms they might own, and other related matters.
Prenuptial or Postnuptial Agreements
When spouses agree that a prenuptial or postnuptial agreement is the best option, a family lawyer can help them implement the contract. Such an agreement can provide a detailed plan of how assets and debt should be handled should the marriage end.
It can also address how spousal support will be awarded and other financial issues that could lead to future disputes, disagreements, or litigation. A skilled family lawyer can assist in drafting an equitable contract that meets the legal requirements for its enforceability.
This includes ensuring that each party is fully aware of the other’s finances, ensuring that the contract was not entered under duress or with undue influence, and confirming that both parties had time to read and understand the contract before signing. In some situations, a spouse may need long-term spousal support to develop marketable skills necessary for self-sustainability. Spousal support is a right that can be awarded in actions for divorce and legal separation in Canada.
Modifications
You should modify a spousal support arrangement for various reasons. Some are predictable, such as when children grow older and must return to school or begin working. Others are less predictable, such as when a payor spouse loses a job.
A court usually bases the alimony amount on a formula that considers the payer’s and payee’s income, including wages, worker’s compensation, social security, and incoming producing property. The judge may also impute income to a spouse receiving alimony or order that the recipient maintain health insurance coverage.
A court will sometimes award rehabilitative alimony, which helps the supported spouse develop marketable skills and increase their earning potential. This is often temporary support until the spouse can meet their financial needs independently. Judges will also consider the length of marriage and various other factors when determining the duration of final alimony.
Trial
Although most divorces do not go to trial, there are some cases where the spouses cannot agree on their finances or property rights. A judge may need to make these decisions for them.
In these instances, a family lawyer is essential. They can help you prepare and present your evidence for the best possible outcome. They can also assist you in finding alternative means of resolving these issues outside of court.
The amount of spousal support (alimony) that is awarded is determined by a formula that takes into account both spouse’s income, as well as their expenses and the length of the marriage—generally, the longer the marriage, the higher the alimony amount.
A good family lawyer will also be familiar with the different types of domestic abuse. This includes emotional and financial abuse, where the abuser embarrasses, blames, or emotionally blackmails their victim and denies them access to money by keeping it from them.