Spousal Support Lawyers

Termination or Review of Spousal Support

Spousal support can be terminated under various conditions, such as the recipient becoming financially self-sufficient, remarriage, or significant changes in circumstances. The lawyers at Alves Law assist clients in understanding these conditions and navigating the process of modifying or terminating spousal support orders, ensuring that any changes are fairly made in compliance with legal requirements and fairness. 

Spousal support agreements or orders can also include a review date. If there’s a review of spousal support built into the initial agreement or award, then all three issues of spousal support (entitlement, quantum, and duration) are back on the table.

Entitlement of Spousal Support

Determining entitlement is the first step in establishing a spousal support obligation. This process involves assessing whether one party should receive financial support from the other, based on various factors. If a person cannot prove entitlement, their case for spousal support cannot progress further. There are three types of entitlement to spousal support:

1. Contractual
2. Compensatory
3. Non-compensatory

Contractual Entitlement

Contractual entitlement arises when there is a pre-existing agreement, such as a pre-nuptial or cohabitation agreement, where one spouse has agreed to provide financial support to the other. The amount and duration of spousal support payments is at times detailed in the agreement itself. If such an agreement exists, it is difficult for this promise of support to be successfully challenged in the future.

Compensatory Entitlement

Compensatory entitlement is common in relationships where one spouse has sacrificed career progression, income, experience or seniority for the benefit of the family. It aims to compensate for these sacrifices and takes into account these lost opportunities and the impact they have on the individual’s future financial independence. Our family law professionals take a detailed look at the history of the relationship to accurately assess compensatory entitlement.

Non-Compensatory Entitlement

Non-compensatory entitlement focuses on the economic hardships one spouse may face due to the breakdown of the relationship. This form of support is not about compensating for past contributions but rather about addressing the financial imbalance created by the separation. It should be noted, however, that mere difference in income is not in itself sufficient to meet the criteria for this form of entitlement. At Alves Law, we approach these cases with a keen understanding of the complexities involved, ensuring a fair assessment is made.

Quantum (How Much Spousal Support)

Once it is established that a party will have to pay spousal support, the discussion shifts to the quantum of support. Quantum pertains to the actual amount of spousal support. Whether the spousal support amount is paid monthly, quarterly, annually, or as a lump sum, is also determined at this stage.

Given how complex calculating spousal support can be, lawyers use software that incorporates the criteria of the Spousal Support Advisory Guidelines (SSAG). These calculations do not provide a fixed amount for how much spousal support must be paid for every scenario, but rather a low, mid, and high range of support. The income of both parties, the length of their relationship, their ages, whether or not child support is being paid, tax benefits and credits, and more is factored into these ranges.

At Alves Law, our spousal support lawyers work diligently to ensure that the quantum of support is equitable and reflective of the unique aspects of your case.

Duration

The duration of a spousal support order is often related to the length of the marriage or relationship. Typically, half the length of the relationship is the starting point for these discussions. For example, if you have a 10-year relationship, conversations about duration of support would begin at 5 years.

Usually, relationships lasting 20 years or more result in spousal support with an ‘indefinite’ duration. While this doesn’t imply perpetual support, it also isn’t initially confined to a set time limit during negotiations.

Alves Law provides expert advice on negotiating duration terms, balancing legal guidelines with the specifics of your situation.