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Who is responsible for spousal support

Posted in Location, Mississauga, Ontario, Property by Questions on November 30, 2015

Anonymous Asked:

If someone is married less than a year and has no children, who is responsible for spousal support and how should the property be dividied?

1 Expert Comment

  1. On December 1, 2015 at 8:50 am
    Andrew J. Kania, LL.B., LL.M. said:

    In terms of spousal support, there are Spousal Support Advisory Guidelines that are not mandatory. I would need to speak with you in order to obtain your full particulars to place them into our computer program in order to provide you with an analysis in terms of whether either one of you would be entitled to spousal support. Although you indicate that you have been married for less than one year, when analyzing spousal support any period of prior cohabitation is also relevant and, as such, I need more information from you. I will comment that if you did not live together before marriage and you have been married for about one year then, generally speaking, it will be difficult to obtain an Order for spousal support unless there has been some type of immigration sponsorship. However, every case is different and, as such, I would need to speak with you in order to learn your unique facts prior to providing any analysis with respect to spousal support in your circumstances.

    In terms of property division, both spouses are entitled to seek an equalization of net family property pursuant to the Family Law Act. This is how property gets divided once parties are legally married. However, section 5(6) of the Family Law Act provides multiple reasons why there can be an unequal division of net family property, which on a practical basis means less sharing. One of the reasons under section 5(6) is for short term marriages, which is defined as any marriage under five years.

    Of course, in addition to an equalization of net family property joint assets and debts will also have to be dealt with in a fair manner, taking into consideration the aforesaid property regime.

    Of course, I would need to ask you questions before commenting on how this property regime might apply to your unique facts and, accordingly, I invite you to telephone me at 905-451-3222 for a free consultation so that I may provide you with guidance.

    (The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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