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A Family and Divorce Lawyer in Oshawa Checklist Concerning Spousal Support

Our family law firm in Oshawa Oshawa Superior Court jurisdiction (and other surrounding Court locations) adheres to government regulations when it comes to spousal support. McDermott Family Law wants to help lessen the stress that surrounds separation, divorce, and other family law issues.

We’ve put together this quick checklist concerning spousal support. Our priority is to balance client fees and provide services that make a difference. A big part of that is educating people so they understand these matters.

When married couples separate, it is the Federal Divorce Act that sets out the rules for spousal and child support. For unmarried spouses or common law relationships, it is the Provincial Family Law Act that applies.

Our lawyers can assist with litigation matters in Oshawa Superior Court or settlement negotiations necessary to come to a resolution. We can provide Court representation, matter review and legal advice on a limited scope retainer, as to potential entitlement to receive spousal support or a potential obligation to pay spousal support.

There are several factors to consider when reviewing potential spousal support entitlement/obligations including but not limited to:

  • The financial requirements and the monetary means of each spouse/party involved as well as the length of their marriage or relationship.
  • The role that each spouse played during the marriage and the effect the breakdown had on both of their financial positions after separation.
  • The children and any care they will need as well as any other arrangements, agreements, or Court Orders that have already been made concerning spousal support.
  • There is a no-fault clause when it comes to divorce in Canada. That means that the reasons the marriage ended likely will have no impact on a spouse’s legal obligations to support the other, assuming entitlement to support is confirmed.

It is also important to look at whether child support is required to be paid for the benefit of the children and how that may impact the ability to pay spousal support.

McDermott Family Law can help you with these and other questions. Getting legal representation in a timely manner is the best way to stay organized and on top of any issues that may arise on your matter post separation. 

Book a consultation to get started. We look forward to hearing from you

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