Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Separation due to Alchoholism

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

I am considering separation as my husbands drinking has become intolerable. I am the major breadwinner in the family by a long shot - would I be required to pay spousal support, knowing that any money I gave him would go to drink?

Expert Comment:

Notify of
1 Comment
Newest Most Voted
Inline Feedbacks
View all comments

As you are legally married, the answer in terms of whether you owe spousal support depends upon the factors noted in the Divorce Act, as applied through the Spousal Support Advisory Guidelines and the applicable case law.

In order to provide the above analysis I would need to know from you various details, including whether there are children, where they would live, your income, his income, your respective ages, the length of your cohabitation, and any medical issues, including whether he is a diagnosed alcoholic.

I will comment that there is not a legal argument to pay less support to an individual because they will use that money in a manner not acceptable to the support payer. If a person has an entitlement to receive spousal support then they are free to spend the spousal support that they receive as they may wish.

Whether you owe spousal support depends upon some of the factors noted above. Please also note that it is possible to impute income to a person that is intentionally unemployed or underemployed, and this is a potential defense in relation to your husband.

Of course, I cannot make any comments that are specific to your case without first speaking with you and obtaining the appropriate facts. You are welcome to telephone me at 905-451-3222 for a free consultation.

(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).

Latest Questions Asked:

DC Icon

Can I not pay child support in Canada?

Hi, I'm a 17 years old guy and I accidently got my ex-girlfriend pregnant (if she is not lying). The problem is, we are not dating anymore and I cannot pay the child support. I don't even work and my parents would probably kill me. So I spoke to her ye ...

DC Icon

Spouse under-reporting income to CRA and doesn't want to pay support

My spouse has been deliberately under-reporting income over the last few years in preparation for a divorce. How can I prove this, as my spouse does not want to pay spousal support?

DC Icon

My ex stopped child support payments

My ex stopped his child support cheque (it bounced). His lawyer is demanding (unreasonable) information about child and stopped the payments to extort that information. According to our separation agreement, my ex has to keep paying even if there are d ...

DC Icon

Child support payments while on EI

When the parent who has to pay child support and is on unemloyment insurance does he still have to pay? If yes when do i receive the support check?

DC Icon

Missing Child since 2009

My wife ran away to Hong Kong in 2009, I have no news of my son since. I have an e-mail contact with her and that's it. I want to see my son, hold him in my arms... we are in 2016, it's been 7 years... She doesn't let me talk to him or see him, and she ...

DC Icon

Ex lives in the Philippines - how can I get divorced?

I lived here in BC for more than 6 years and have legally separated with husband in the Philippines. Now i want to file an uncontested divorce from here but the problem is, my ex husband is not allowed to sign the divorce paper that i prepare since Div ...

See All Questions
Would love your thoughts, please comment.x