Common Legal Questions Answered
Common Legal Questions Answered
Spousal Support
1. How can I obtain more spousal support?
To maximize spousal support, you must demonstrate the payor’s ability to pay. You need to obtain full financial disclosure, undeclared cash income, undisclosed assets and income.
2. How can I pay less spousal support?
To minimize spousal support, you may need to prove that your former spouse is self-sufficient, has undeclared cash income or is residing with a new partner and sharing expenses.
3. Will my spouse stop paying spousal support if I remarry?
Remarriage does not automatically terminate spousal support in Ontario. The court will consider whether the recipient’s financial circumstances have changed significantly. Cohabitation or remarriage may be grounds for variation or termination, but it is not automatic.
4. Will I lose my right to spousal support if I cheated?
No. Spousal support entitlement is not affected by marital misconduct such as adultery. The Divorce Act and Family Law Act are clear that support is based on need, entitlement, and ability to pay, not faul
