The divorce process can be a difficult and confusing time for both parties. Most people going through the process do not understand the legal details or what they are entitled to as the marriage comes to an end. This is why you need the legal representation of a professional to walk you through this complicated process. C. Richard Buck will ensure your rights are protected and that you get everything you deserve, including spousal support in Kitchener. If you are looking for legal help during this process, please call our office today and set up an appointment.
Who is Eligible for Spousal Support in Kitchener?
Spousal support is used to compensate the spouse with the lower income or fewer assets. In most cases, this is the spouse who made employment or financial sacrifices for the marriage, which includes working less, passing up opportunities to advance their career or staying at home to raise children. Its main goal is to lessen financial hardship on this spouse until he or she can become self-supporting.
All of the above mentioned factors are considered when determining the eligibility of spousal support in Kitchener. The court will look at whether you are financially self-sufficient, whether you maintained your career during your marriage and the amount of your income and assets in comparison to your partner’s. This type of support is payable whether you were married or if you were in a common-law relationship.
How is Spousal Support Calculated?
The calculation of the amount of spousal support begins by using the Support Advisory Guidelines (SSAGs) as a reference point. These guidelines take into consideration different situations, including those relationships without children and those where child support is being sought in addition to spousal support. The guidelines then provide a formula used to calculate the amount of support. However the SSAGs are just guidelines and in some situations a judge can decide they do not apply, awarding a different amount. A judge will consider the recipient’s needs, the payor’s ability to pay, the length of the relationship and other factors when making the decision.
How is Spousal Support Paid?
Most commonly, spousal support is paid monthly for a specified number of months or years decided by the judge. The length of the support will be decided based on a number of factors, including length of the relationship, sacrifices made by the spouse during the marriage, etc. In some cases the spousal support will be paid in one large lump sum. Failure to pay spousal support can result in garnishing of wages or seizure of property.
Get in Touch Today
If you are considering divorce or are already in the process, take the time to hire a lawyer that will put your needs first. The Law Offices of C. Richard Buck is here to get you the outcome you deserve, including child support, spousal support and more in Kitchener. Please contact our office to set up a time to discuss your situation. We will help walk you through the entire process.