Common Law Separation Agreement & Divorce


Understanding the Importance of Staying in the Matrimonial Home – and what to do if you have left?

What your long-term divorce settlement looks like is often very much a function of where you start – especially as it relates to spousal support and alimony. Financial pressure at the beginning of a case can often result in a poor final outcome. One of the ways to ensure that you are not subject to these early financial pressures is by remaining in the matrimonial home where, at a minimum, there is a roof over your head and access to the amenities that your home has to offer.

By remaining in the home you have the luxury of being able to negotiate any spousal support claims from a position of relative financial security – meaning you are less likely to settle for an unfair spousal support payment while you are waiting for a final financial settlement.

The Spousal Support Advisory Guidelines were instituted by the Province of Ontario to help provide benchmarks for spousal support awards, considering such issues, as care of the children, ages of the parties, their incomes, the length of the marriage, and other factors. However, early advice is crucial so that these issues are negotiated from a position of strength, not weakness and an optimum support arrangement is achieved.

Elliot S. Birnboim is a lawyer with over 20 years’ experience in negotiating and arguing support cases across Canada – including many precedent setting decisions. Crucial to these outcomes is obtaining early strategic advice to ensure that spousal support rights are not lost or diminished.

These rights can be particularly critical in common law relationship where there is no automatic right to a division of property. Critical issues such as compensatory support (that is support to compensate for roles assumed during the relationship), short-term marriage, imputing income and self-sufficiency require early evaluation to ensure that a sensible and fair outcome is achieved.

Complex Cases – Establish Hidden Income

Elliot has extensive experience in one of the most complex family law issues – establishing true income, a critical issue in properly quantifying child and spousal support in Ontario. His knowledge of business and commercial litigation issues has been instrumental in finding hidden income, properly valuing business income and in achieving outstanding results for clients in several precedent setting cases.

Call us for a free consultation.

Talk to us about spousal support. Elliot is available for free initial consultations in Toronto. Call 1.800.648.7943 or 416-800-2573 today, or use our online contact form.

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