🤝 Spousal Support Lawyer Sudbury ON

Entitlement to spousal support in Ontario is based on three grounds: compensatory (compensating a spouse for economic disadvantage caused by the marriage, such as career sacrifice), non-compensatory (need-based support for a spouse who cannot be self-sufficient), and contractual (based on a domestic contract). Entitlement is not automatic — it must be established based on the specific circumstances of your marriage.

Ontario courts and lawyers use the Spousal Support Advisory Guidelines (SSAG) as a starting framework. The guidelines produce a range of amounts and durations based on the income difference between spouses and the length of the marriage. However, the guidelines are not binding — courts can depart from them based on the specific circumstances of the case. We run the calculations and advise you on the realistic range for your situation.

Duration depends on the length of the marriage, whether children are involved, the recipient spouse's ability to become self-sufficient, and other factors. For shorter marriages without children, support may be time-limited. For long marriages, particularly where one spouse made significant career sacrifices, support may be indefinite. 'Indefinite' does not mean permanent — it means without a specified end date, subject to future review.

Yes — if there has been a material change in circumstances, either party may apply to vary, suspend, or terminate a support order. A significant change in either party's income, the recipient spouse becoming self-sufficient, or the recipient spouse entering a new relationship can all justify a variation. We advise you on whether a change in your circumstances warrants a variation application.

A domestic contract — including a marriage contract (prenuptial agreement) or a separation agreement — can waive or limit spousal support. However, these provisions can be set aside by a court if the agreement was entered into under duress, without proper financial disclosure, or if enforcing the support waiver would be unconscionable given changed circumstances. We review your contract and advise on its enforceability.