Leading family lawyers in Brampton advise that spousal support claims can result in prolonged litigation for spouses facing a separation. The primary objective of a spousal support claim is to address discrepancies in income, standards of living and/or other disadvantages experienced by one spouse following the breakdown of a relationship or marriage. When making a determination of the amount of spousal support payable by one spouse to the other, the court considers these factors, as well as the support payor’s ability to pay, the length of the relationship or marriage, and the health conditions of both parties.
Recent court decisions, however, also provide guidance on circumstances that may significantly impair a payor’s ability to continue making spousal support payments to his / her former spouse. The following are the factors to consider when seeking to change and/or stop spousal support payments:
- Loss of employment –this may lead to temporary suspension of spousal support payments and/or a variation. The court will take into consideration the circumstances behind the loss of employment, whether voluntary (i.e. termination for cause), or involuntary (i.e. restructuring by the employer, bankruptcy of the employer, etc.). The court will also consider whether the support payor has marketable skills to seek alternate employment opportunities and whether he/she has in fact applied for other jobs. Children’s needs, liabilities of the support payor, and changed financial circumstances of the support recipient may also be considered.
- Retirement – Normally, it represents a turning point in the life of a support payor due to loss of employment income, a change in standard of living and a much more limited budget available for day-to-day living expenses. The support payor will no longer be able to enjoy the financial freedom he/she may have been accustomed to while employed. Keeping up with support payments to a former spouse becomes a significant financial burden in these circumstances. The courts, however, draw a distinction between early retirement and retirement at the age of 65 years or older. If a support payor chooses to retire early, he/she may very well have to continue paying spousal support to the recipient as prior to retirement.
- Health – The best family lawyers in Brampton also state that health is another important factor to consider when varying or terminating spousal support payments. If the support payor is involved in an accident or becomes ill to the point that he is unable to work, either for a short period of time, or for the rest of his/her adult life, the court will consider a change in support payments made to the recipient, or putting a stop to these payments completely. Supporting medical evidence is crucial in these cases.
- Re-Marriage –This is another important factor when considering a change or termination of spousal support payments. If the support recipient remarries, he/she may no longer qualify to receive support payments by his/her former spouse. Once again, when making a decision, the court will look into whether the support recipient is being supported financially by her new spouse, what standard of living the support recipient is accustomed to after her remarriage, the financial circumstances of each party (support payor vs. support recipient), etc. fact that the person to whom they’ve married is now accountable for all financial matters. If you happen to find out that your ex-spouse has re-married, you can go to the court for the cancellation of alimony.
- Employment or Changes in Income – According to the best family lawyers in Brampton, if the support payor becomes employed, and or begins earning a much higher income, spousal support payments by the support payor may also be changed or terminated. The legal expectation is for every support recipient to become self-sufficient over time. If he/she begins to earn a higher income and is capable of covering his/her daily needs, costs, and expenses, it would be unreasonable for the support payor to continue paying monthly spousal support. The support payor should apply to the court to change and/or stop spousal support payments to a self-sufficient recipient.
If you or someone you know needs legal advice with respect to spousal support, contact the experienced family law lawyers at Nanda & Associates today. We can help you navigate this and other increasingly complex family law issues in a timely, professional and cost-effective manner.
