Family

Does a husband have to support his wife during separation?

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Who is a spouse according to Ontario common law?

Spousal support is payable to, but not limited to, a spouse. As stated, spousal support is not contingent merely upon a matrimonial bond. Other cases in which a person can claim spousal support are, either when the parties cohabited with each other for more than 3 years, or when they were in a relationship for any time frame with some permanence and had a child together. Find out more about this from a Toronto family lawyer.

Do you have to pay spousal support during a separation in Ontario?

In order to claim child support, at least one of the following have to be shown:

  • That you were prevented from developing your career, due to the responsibilities of the relationship;
  • That you are in need of financial support after your divorce or separation, and your spouse is financially capable of supporting you; or
  • That there is an agreement between the parties regarding spousal support.

How to calculate spouse support in Ontario?

There are various factors that contribute to the determination of spousal support:

  • Significant income disparity between the partners’ respective incomes
  • The number of children involved (if any), and who is the primary caretaker
  • Age of the partners
  • The roles and responsibilities they had during the relationship
  • Health of the partners (mental and physical)
  • The capability of partners to support themselves

In determining the amount and duration of spousal support, the spousal support advisory guidelines (SSAGs) are referred to. There are various other spousal support calculators on the internet that can assist in getting an idea of the spousal support a person may be entitled to.

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The information provided in this blog is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information, laws and regulations may change, and the content may not reflect the most current legal developments.

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About the Author: Valeriy (Larry) Kozyrev

Valeriy (Larry) Kozyrev is a seasoned lawyer with decades of experience in immigration and family law, dedicated to serving clients across Toronto and the Greater Toronto Area. Since 2006, Mr. Kozyrev has built a distinguished career in immigration law, helping thousands of clients immigrating to Canada. He also represented clients before the Immigration and Refugee Board and skillfully handled complex issues such as inadmissibility, sponsorship appeals, and refugee claims. In 2019, he expanded his practice to include family law, where he provides compassionate, results-driven support in matters like child custody, child support, alimony, divorce, prenuptial agreements, and separation agreements.
 
As the lead lawyer at Kozyrev Law P.C., Mr. Kozyrev is committed to guiding clients through the sensitive and often overwhelming landscape of family law with professionalism and empathy. Whether navigating the challenges of divorce or securing the future of one's family, clients can rely on his expertise to explore their legal options confidently. Mr. Kozyrev’s proven track record reflects his unwavering dedication to achieving favourable outcomes, making him a trusted advocate in both immigration and family law.