There are times when a marriage does not end in “happily ever after”. If you have filed for separation from your partner, the Divorce Act has listed a set of guidelines and rules for married couples. This federal law applies to spousal support in Ontario, and you can find a good lawyer on the internet to help you with the same. Find information on legal issues or search for topics that are relevant to you at www.findlaw.com.
Need for this law
In several relationships, one partner is financially sound when compared to the other. This entitles the less well-off spouse to receive alimony or spousal support to help them lead a dignified life post-divorce. Rules vary from one state to the other and the Divorce Act states that spousal support is paid if there is a huge difference between their incomes after the separation comes into effect.
There are rules to prevent misuse of this law, and the Court of Law will probe to find out if the spouse with a lesser income is liable for spousal support. This can come into rule if the law finds that one of the spouses has assets in their name and the differences in net salary cannot be ascertained.
The judge takes into account several factors like the role of both partners during the period of marriage, marriage length and any other prevailing orders that were made regarding the compensatory amount.
The couple can look at options like:
Rehabilitative alimony- Helps the recipient obtain sufficient funds to enable them to receive the job skills or education that is necessary for them to stay independent and self-sufficient. Usually, this type of alimony is granted to the stay-at-home parent. Further, the court provides a provision to review the compensatory amount at the end of the stated period.
The partner who has to provide the support can specify that there should be no review. It is left to the court to go against the payer’s wish and continue the support during times of hardship.
Lump-sum amount: Irrespective of the marital status or financial situation of the partner. A fixed amount of money is given to them instead of a property settlement. The total money equals the sum of all future monthly settlements.
Permanent alimony- This is termed valid for a period until either of the partner dies or the recipient remarries. Few States have provisions that can terminate this support if the receiver stays with another partner. In these cases, the court decides if the third party was actively involved in providing support or if the present situation bears resemblance to that of a remarriage.
Couples must note that this form of alimony can be altered to suit the prevalent condition of the receiver. If they inherit a large amount of money or they have a lucrative job to their credit, this alimony is nullified.
In case the payee incurs loss or hardships, the court reviews the situation to make the necessary changes in the alimony.
Reimbursement alimony- If one of the spouses has spent money just to put their partner in a good college, and is later dumped by them, they are a known candidate for this form of alimony. All the expenses borne by the partner in helping the other secure a degree or a good job is reimbursed.
Different laws in States
Couples must read and educate themselves about the spousal support laws that exist in their State. Most of the states are against the idea of permanent alimony with a view to encourage the recipient to become independent and self-sufficient in life. It is also possible to receive temporary support if the recipient is the sole caretaker of the couple’s children.