10 Common Myths About Spousal Support In Canada

10 common myths about spousal support in canada

When you are going through a divorce, the last thing you want to worry about is money. However, spousal support can be a touchy subject for many people. There are many myths and misconceptions about spousal support that can lead to confusion and frustration. By understanding the truth about spousal support, you can make informed decisions about your future! In this blog post, we will dispel the top 10 most common myths about spousal support.

Myth # one: Spousal support is always paid by the husband to the wife.

It is not always the case! In many divorces no matter if it’s a contested divorce or uncontested divorce, the wife is the breadwinner, and the husband may be ordered to pay spousal support to the wife. The amount of spousal support and who pays it will be determined by many factors, including the incomes of both spouses, the length of the marriage, and the standard of living during the marriage. Moreover! In other cases, the husband and wife may agree to split the payments of spousal support.

Myth # two: Spousal support is always paid in monthly installments.

Again, this is not always the case. In some instances, you may pay spousal support in a lump sum. This lump sum payment may be made all at once or over some time. You may also make the payments in other ways, such as through the transfer of property or assets. Also, you may make the payments until a certain event occurs, such as the remarriage of the receiving spouse or the spouse’s death. In any case, the method and schedule of payments will be determined by the court or agreed upon by the divorcing spouses.

Myth # three: Spousal support is tax-deductible for the payor spouse.

It is not always true! Spousal support payments may be tax-deductible, but this will depend on the specific circumstances of the divorce. In general, spousal support payments are only tax-deductible if the court orders them. If the couple agrees to spousal support payments outside of court, then the payments are not tax-deductible. Also, the CRA has specific rules about what type of payments can be considered spousal support, so it is important to speak to a tax professional about your particular situation.

Myth # four: Spousal support is automatically terminated if the payor spouse remarries.

It is not true! In most cases, spousal support will continue even if the payor spouse remarries. There are a few exceptions to this rule, such as if the couple agrees that spousal support will end upon remarriage or if the court orders that spousal support be terminated upon remarriage. However, in general, spousal support will continue even if the payor spouse gets married again.

Myth # five: Spousal support is always payable for life.

It is not the case! The duration of spousal support payments will be determined by many factors, including the length of the marriage, the ages of both spouses, and the earning capacities of both spouses. In most cases, spousal support is not payable for life. However, there are some situations where you may pay spousal support for an indefinite period, such as when the spouse receiving support is disabled or unable to work.

Myth # six: Spousal support can be increased or decreased at any time.

It is not true! In general, once a court orders spousal support, you cannot change the payments without a court order. There are a few exceptions to this rule, such as if there is a change in the financial circumstances of either spouse or if the couple agrees to modify the spousal support agreement. However, in general, once a court orders spousal support, you cannot change the payments without a court order.

Myth # seven: Spousal support is always paid in cash.

It is not the case! In some instances, you may pay spousal support in property or assets, such as a house or a car. You may also make the payments in other ways, such as through the transfer of property or assets. Also, you may make the payments in other ways, such as through the transfer of property or assets. In any case, the method and schedule of payments will be determined by the court or agreed upon by the divorcing spouses.

Myth # eight: Spousal support is always payable by the husband to the wife.

It is not always the case! While it is true in many cases that the husband will be the one paying spousal support to the wife, there are some circumstances where this is not the case. Mostly, the husband will pay spousal support to the wife. For example, if the wife is the primary breadwinner in the family, she may be required to pay spousal support to the husband. Or, if the couple is divorcing after a long-term relationship, the wife may be ordered to pay spousal support to the husband. In any case, the decision of who will pay spousal support will be decided by the court.

Myth # nine: Spousal support can only be paid in one lump sum.

It is not true! In many cases, spousal support is paid in periodic payments, such as monthly or yearly. However, there are some instances where a lump sum payment may be ordered by the court or agreed upon by the divorcing spouses. In any case, the method and schedule of payments will be determined by the court or agreed upon by the divorcing spouses.

Myth # ten: Ex should be the one to pay since they were the ones who caused the divorce.

It’s not always the case! While it is true that in many cases, the spouse who caused the divorce may be ordered to pay spousal support, there are some circumstances where this is not the case. For example, if both spouses were at fault for the breakdown of the marriage, the court may not order either spouse to pay spousal support. Or, if the spouse who caused the divorce is unable to pay spousal support, you may order the other spouse to pay. In any case, the decision of who will be decided by the court.

Final Words

There are several myths about spousal support that many people believe to be true. In reality, the facts about spousal support can be quite different than what people think. In this blog post, we have debunked ten of the most common myths about spousal support. We hope that this information will help you better understand spousal support and the role it plays in divorce. You can always rely on a family lawyer to deal with these kinds of problems. If you have any questions about spousal support, don’t hesitate to contact us.

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Written by: the Divorce Fast Team

Our team of Ontario lawyers has over 15 years of experience handling divorce and other family law matters.

All of our lawyers are in good standing with the Law Society of Ontario, and have the knowledge and experience to help and guide you through your family law issues. Whether your matter pertains to divorce, separation, custody/access, or support claims, we are the firm for you.

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