What Determines the Duration of Spousal Support?
We have all heard the stereotype about how, once Canadians reach a certain age, they pile into their camper vans and head to Florida for the winter. It isn’t too hard to understand, though, why they don’t stay there all year; after a whole season in Florida, you would be ready to fly north for the summer, too. For every beautiful wading bird in Florida, there are ten terrifying reptiles, and for every ray of sunshine, there is a deadly lightning bolt. The worst thing about Florida, though, is its lawlessness. First it was the pill mills, and now there are marginally legal LSD clinics. The rule in Florida is that almost every verb in the English language would meaningfully complete the sentence, “[Verb] at your own risk.” About a year ago, after an epic legal battle, Florida abolished permanent alimony. It might be cold in Canada, but the hearts of Canadian judges are not so cold that they leave divorced seniors without a source of financial support from their former spouses. If you are getting divorced or ending a domestic partnership, and you need financial support from your ex, contact a Mississauga family lawyer.
The Rule of 65 and Ontario Family Law
Family court judges in Ontario have the right to order a former spouse or domestic partner to pay alimony for an indefinite duration, in other words, to make alimony payments every month until further notice; sometimes this means that the alimony payments continue until one former spouse dies. Permanent alimony is an option if the parties were cohabitating, with or without being legally married, for at least 20 years. It is also an option if the rule of 65.
According to the rule of 65, you can request permanent alimony if you add your age to the number of years you lived with your ex, and the sum is at least 65. This means that, if you are 60 and you and your ex lived together for ten years, you are eligible for permanent alimony. Not everyone who was married for 20 years or who qualifies for the rule of 65 gets permanent alimony. Age of recipient and length of relationship are not the only factors for determining the amount and duration of alimony. It also depends on your income relative to your ex’s and on the value of your separate property. If you are currently working or are capable of working, the court might order alimony for a short duration, or not at all.
You Probably Will Not Pay Spousal Support at All
Most marriages and domestic partnerships end without an alimony order, especially if both partners have employment income. When one spouse needs alimony, the parties can usually agree on the amount and duration during mediation, so the judge is not the one who decides.
Contact Zagazeta Garcia LLP About Spousal Support
A family lawyer can help you if you need long-term alimony after a divorce or dissolution of a domestic partnership. Contact Zagazeta Garcia LLP in Mississauga, Ontario to discuss your case.
Source:
justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/p7b.html
