Does she now have a valid claim for spousal support?

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I've had a separation agreement signed for almost a year which states that there is no spousal support to be paid with the provision to be varied in the event of any foreseeable or unforeseeable material change in circumstances. This past year, I obtained a part time job paying $15,000 annually to supplement my full time income. Because of my increased income my ex is requesting spousal support although her financial circumstances remain unchanged since last year. I have agreed to adjust child support because of my increased income. Does she now have a valid claim for spousal support even though the agreement says it won't be paid???

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Andrew J. Kania, LL.B., LL.M.

9 years ago

The answer is: “maybe.” In order to provide you with an answer I need to read the separation agreement and ask you a few questions. If you would kindly telephone me at 877-668-9386 and arrange a free consultation you may e-mail the draft separation agreement to me and, after I have read it, we can speak.

(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 Douglas Briand for a free consultation).

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