Arabic Spousal Support Lawyer in Mississauga

Spousal support is often the most contested financial issue after separation, because unlike child support there is no fixed table. Whether support is payable, how much and for how long all depend on the story of your relationship. The spousal support lawyers in our family law practice represent both paying and receiving spouses in Mississauga, and give clear advice in English and Arabic.

Call 905-361-9791 or book a consultation.

Who is entitled to spousal support?

Entitlement comes first. A spouse must show a legal basis for support. Canadian courts recognize three:

• Compensatory support. For a spouse who gave up career opportunities, or took on childcare and household roles that benefited the family (Moge v. Moge).
• Needs-based (non-compensatory) support. Where the breakdown of the relationship leaves one spouse unable to meet their reasonable needs (Bracklow v. Bracklow).
• Contractual support. Where a marriage contract, cohabitation agreement or separation agreement provides for it.

Married spouses claim under the Divorce Act or the Family Law Act. Common-law partners in Ontario can claim under the Family Law Act if they lived together for at least three years, or were in a relationship of some permanence and had a child together.

How spousal support is calculated: the SSAG

Once entitlement is established, lawyers and judges use the Spousal Support Advisory Guidelines (SSAG) to find a range for amount and duration. They’re advisory, not law, but Ontario courts rely on them heavily.

The SSAG produce a low, mid and high range. Where you land depends on factors like the reasons for entitlement, the recipient’s ability to become self-sufficient, the payer’s ability to pay, and property division. Getting the income figures right, especially for self-employed spouses, business owners and people with overseas income, is often where the real negotiation happens.

Other key issues

• Lump sum vs. periodic support. Periodic payments are generally tax-deductible for the payer and taxable for the recipient. Lump sums are not.
• Imputing income. A spouse who is deliberately underemployed can be treated as earning more.
• Security for support. Life insurance is commonly required to protect support if the payer dies.
• Retroactive support. Support can sometimes be claimed back to the date of separation or earlier notice.
• Pensions and double recovery. Where a pension has been divided as property, it may reduce support paid from that same pension.
• Enforcement. Support orders are enforced by Ontario’s Family Responsibility Office.

Changing or ending spousal support

Support can be varied if there’s a material change in circumstances, such as job loss, retirement, illness, remarriage or a significant change in income. Agreements that waive or limit support can be reviewed in limited cases, where following them would be seriously out of line with the purposes of the law. We advise on when to seek a variation, and when to defend against one.

How we help

• Assess entitlement and prepare SSAG calculations for your situation.
• Analyze complex income, including businesses, corporations and foreign income.
• Negotiate support within separation agreements.
• Bring or defend support claims and motions to change in the Superior Court in Brampton.
• Serve clients in English and Arabic.
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Frequently asked questions

How long do I have to pay spousal support in Ontario?

Under the SSAG without child support, duration is generally half a year to one year for each year of cohabitation. It can be indefinite after 20 years together, or where the recipient’s age plus years together equals 65 or more (the rule of 65). Every case is different.

Are common-law partners entitled to spousal support?

Yes, if you lived together for at least three years, or had a child together and were in a relationship of some permanence.

Is spousal support taxable in Canada?

Periodic spousal support paid under a written agreement or court order is generally deductible by the payer and taxable to the recipient. Lump-sum payments usually are not.

Can spousal support be changed if I lose my job?

Yes. A significant and lasting change in income can justify a variation. Apply promptly, because arrears keep building until the order is changed.

Does remarriage end spousal support?

Not automatically. The recipient’s remarriage or new relationship is a relevant change, and it may reduce or end support depending on the circumstances.

Related services

• Family Law
• Child Support Lawyer
• Divorce Lawyer
• Property Division Lawyer
• Article: How spousal support is calculated in Ontario

Speak to a Mississauga spousal support lawyer

Call 905-361-9791 or book a consultation in English or Arabic.