Post-Separation Increases of Income for Spousal Support Purposes

There is no automatic presumption that a spouse is entitled to an increase in spousal support when a spouse’s post-separation income increases.  By the same token, a spouse is not necessarily not entitled to share in post-separation increases of income enjoyed by a spouse.

The Honourable Court in Kirvan. v. Kirvan, recently addressed the issue of post-separation increases in income and outlined principles to be considered which include the following:

(a) A spouse is not automatically entitled to increased spousal support when a spouse’s post-separation income increases.

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9 mins read

Definite Indefinite Spousal Support: Termination of Long Term Spousal Support Pursuant to the Divorce Act

Section 15.2 of the Divorce Act sets out the law in relation to spousal support and subsection (6) outlines the objectives of a spousal support order, namely:

  1. Recognize the economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;
  2. Apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;
 » Read more about: Definite Indefinite Spousal Support: Termination of Long Term Spousal Support Pursuant to the Divorce Act  »

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5 mins read

Mobility Rights – What’s the Test?

The term “mobility” is used in family law to describe circumstances when one parent wants to relocate to another jurisdiction with the children. Practically speaking, this means that one parent (usually the primary or custodial parent) is attempting to relocate with the children, the result of which would likely be that the access parent will have reduced time with the children. As a result of the interference of parenting time that the proposed move may cause,

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6 mins read

Pet Parents: Right and Remedies After Separation

Pets are considered property pursuant to family law in Ontario.  As wrong as it may seem for many who consider their pets to be members of the family, the unfortunate reality remains.  Pets are not treated as children by the court and the laws and rules regarding custody and access of a child simply do not apply to domestic animals, regardless of how much they are loved and cared for.  While acknowledging that:

  • pets are of great importance to people;
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5 mins read

Inheritances and Gifts: How to protect your assets

Not all property is treated equally in family law. Inheritances and gifts from third parties receive special treatment when determining the division of property for married spouses.

The regime governing property division for married couples in Ontario is found in section 1 of the Family Law Act. Equalization is determined by having the spouse with the higher net property (the higher net worth accumulated over the marriage) pay half the difference of the parties’

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3 mins read

Retroactive Child Support: How Far Back Can You Go?

Generally speaking, child support can be awarded retroactively to the date when the recipient can prove he or she first asked for child support. You must be able to prove that you asked for child support, an increase in child support, or at least disclosure of financial information. This is another reason why it is a good idea to communicate with your former spouse via email and to keep good records.

If you are unable to prove that you requested child support or financial disclosure,

 » Read more about: Retroactive Child Support: How Far Back Can You Go?  »

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3 mins read

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