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Will I be required to pay spousal support?

By: Steven Benmor, B.Sc., LL.B., Family Lawyer

Jurisdiction: Ontario (Canada)

“Will I be required to pay spousal support?” This is a complex question. In answering it, there are 3 questions that need to be considered.

  1. Firstly, is a spouse entitled to support?
  2. Secondly, what is the amount of support that should be paid?
  3. Thirdly, what is the duration that support should be paid for?

When determining spousal support, the Judge requires that each spouse file a sworn Financial Statement which contains a monthly budget. This way, the Judge can see the total monthly income and expenses of each spouse.

The Judge will consider the financial need of the spouse that requests support, the financial ability of the other spouse to pay support and the standard of living that the spouses maintained before separation.

Steven Benmor

About the author: Steven Benmor practices Family Law in Toronto, Ontario, Canada. Visit Steven Benmor’s online Family Law Resource Center for concise answers to many more frequently asked Family law questions, feature articles on Family law topics, dozens of links to other Family law websites, and more at www.benmor.com. The information on this page is for discussion purposes only. It is by no means legal advice or even a statement of the law on this subject. Please do not rely on the accuracy or completeness of this information. Any question or concern elicited by the information on this page should be taken to a lawyer who will consider the facts of each case and the legal remedies available.