Spousal Support And Property In A Divorce Case
Spousal support is a very difficult issue even for lawyers to assess. Spousal support is based upon numerous factors such as the means and needs of the spouses upon separation, their ages, education and employability, the length of the marriage, the roles the individuals played during the marriage, and the consequences of the breakdown of the marriage. Again, it’s very fact-specific and individuals should seek the advice of a family law lawyer before making any decisions on their own. There can be a large range in both the duration and quantum of spousal support that is ordered. In very short marriages of less than two years, or when couples have similar levels of income, there may not be any support payable between the parties. However generally speaking, spouses will have a continuing duty to support the other spouse. And in long marriages, that support may be indefinite in duration. The court may require the spouse that earns more income to pay the lower income-earning spouse so that both spouses end up with the same level of net disposable income at the end of each month.
Another concept that parties must be thinking about is division of property. Generally, the property that spouses accumulate during their marriage is divided between the two of them, so that they both walk away from the relationship with the same net worth of family property. But, there are many exceptions to this equal division presumption and parties again should consult a family law lawyer.
If you, or someone you care about, is dealing with family law issues in York Region, Durham Region or Toronto, contact Feldstein Family Law Group for a consultation.
This article is taken from a November 14, 2008 interview with Michael Wilson, Family Lawyer with Feldstein Family Law Group,a Toronto Ontario Family Law Firm. Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.