Does a husband have to support his wife during separation?

Who is a spouse according to Ontario common law?

Spousal support is payable to, but not limited to, a spouse. As stated, spousal support is not contingent merely upon a matrimonial bond. Other cases in which a person can claim spousal support are, either when the parties cohabited with each other for more than 3 years, or when they were in a relationship for any time frame with some permanence and had a child together. Find out more about this from a Toronto family lawyer.

Do you have to pay spousal support during a separation in Ontario?

In order to claim child support, at least one of the following have to be shown:

  • That you were prevented from developing your career, due to the responsibilities of the relationship;
  • That you are in need of financial support after your divorce or separation, and your spouse is financially capable of supporting you; or
  • That there is an agreement between the parties regarding spousal support.

How to calculate spouse support in Ontario?

There are various factors that contribute to the determination of spousal support:

  • Significant income disparity between the partners’ respective incomes
  • The number of children involved (if any), and who is the primary caretaker
  • Age of the partners
  • The roles and responsibilities they had during the relationship
  • Health of the partners (mental and physical)
  • The capability of partners to support themselves

In determining the amount and duration of spousal support, the spousal support advisory guidelines (SSAGs) are referred to. There are various other spousal support calculators on the internet that can assist in getting an idea of the spousal support a person may be entitled to.

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