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Toronto Divorce Advice, Tips & Resources

Are spousal support guidelines used in spousal support reviews?

In 2008, Ontario’s Spousal Support Advisory Guidelines were issued in their final form. The guidelines are used by judges and lawyers to establish spousal support agreements. As we discussed in a previous post, a number of factors, including child support, can affect how much spousal support a person receives. Use of the spousal support guidelines is not mandatory, though they are used in many cases. Since the guidelines came out, there has been debate about whether they should be used in spousal support reviews to…

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Can common law spouses in Ontario receive spousal support?

In Ontario, married and common law couples who are splitting up can create and sign separation agreements. These agreements can address a wide variety of issues. Today let’s discuss spousal support. When deciding whether or not spousal support should be paid, it is important that each spouse or common law partner has a lawyer. The Spousal Support Advisory Guidelines that are used in Ontario are complicated, and a divorce and property division lawyer with experience in using the guidelines can help ensure that the separation…

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Protecting your rights with a fair Ontario divorce agreement

In negotiating to settle a divorce in Ontario, the objective is to arrive at a written agreement that protects your rights now and in the future. You don’t want surprises regarding your children, finances or the matrimonial home. To eliminate uncertainties, the proper mechanisms should be built into the language of the agreement so that it will be enforceable in court and other areas of life for years to come. To arrive at a favorable separation agreement that protects your interests, it is critical that…

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How is the equalization payment calculated in an Ontario divorce?

Each province in Canada has its own laws regarding the division of matrimonial property at divorce. In Ontario, the Family Law Act is the applicable law for dividing property between divorcing spouses. The law provides that each spouse can keep his or her own property, but any increase in property value during the course of the marriage will be shared between the parties. When a married couple separates, each spouse must figure out his or her net family property, commonly called the NFP. An individual’s…

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Choose wisely when buying or selling the matrimonial home in divorce

If you are going through divorce, and depending on your particular situation, it may be in your best interest to buy your spouse’s share of the matrimonial home. However, Ontario law does not provide for the express legal right of one spouse to buy the matrimonial home from the other. A divorce lawyer with experience in these matters can explain your options and help ensure that the outcome is in your favour. If you choose to purchase the home, then you can avoid other costs related…

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What documents are needed to get or change a child support order?

Many divorcing or separating parents need help making child support arrangements. The Child Support Guidelines provide parents with a way to calculate the appropriate support amount based on the paying parent’s income and the number of children to be supported. To make or change an order for child support, the court will need certain income-related documents from one or both parents. In Ontario, if the requested support amount does not vary from the basic amount established by the Child Support Guidelines, then only the paying…

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