Advantage Family Law

You have decided to get a divorce.  After this decision is made, either you or your spouse move out. This is also about the time that economic reality kicks in: one of you need financial support, and one of you realize you must pay support.  Two immediate questions arise:

1. How much monthly support must be paid?
2. How long (months, years) must support be paid?

The law can answer these questions, but only by looking at the circumstances of your marriage.  Specifically, the law looks at who worked, how much they earned, and how much will you earn in the future? 

Rich Dad – Stay at home mom

The largest and longest payouts for spousal support arise in the “Rich Dad- Stay-at-Home Mom” marriage. Dad has earned a lot of income by working many hours over the years.  Mom has enabled Dad’s success. She has done this by taking care of the children/home responsibilities while Dad worked.  In this situation, Dad will likely have to pay a large amount of support for a long time.

The Power Couple

One of the easier cases to determine is the “Power Couple”.  Here, both the husband and wife work long hours at high paying jobs. In this divorce, it is possible that no support is payable.  Alternatively, if support is owed, the amounts may be smaller and for a shorter period of time.

The “Somewhere in the middle” Couple

A more difficult situation to determine is a couple whose marriage did not follow set patterns for employment and domestic responsibilities. For example, one spouse may have earned a lot of money in the past, but for some reason (health, bad luck, etc.) this is no longer the case.  The other spouse may have stayed home and raised the children and then resumed her career later after the kids became teens. Trying to figure how what is “fair” in these situations can be very challenging for lawyers and judges.

To assist with these difficult decisions, lawyers and judges often rely on Canada’s Spousal Support Guidelines.  This is a legal tool that helps to link the facts of each marriage with an appropriate formula for determining support.  Calculations based on these guidelines can also be accessed for free at www.mysupportcalculator.ca

It must be emphasized again that each divorce is unique, and guidelines/calculators may not account for the facts of your marriage. However, as a rule of thumb, the past often determines the future.  If you were the breadwinner in the past, you likely have an obligation to provide support in the future.