A review on Spousal support after divorce

Alimony in Divorce
Alimony in Divorce

Every country has its own set of divorce laws, so has Canada. Before and after the divorce the two people have to follow a certain rules and regulations which are designed by the bar association of the country.

“Alimony” or “Spousal Support” is one aftermath effect of any divorce where one of the partners earns more than the other or when one partner has no recurring source of income.

Some features of this support are mentioned below-

  • There is no fixed guideline about the amount of the alimony. However, there are laws pertaining to this which the attorneys are supposed to follow.  The amount may vary from one to another.
  • While deciding upon the amount court looks into factors like assets, deposits, incomes, age length of marriage, self-sufficiency and various other factors. Anything which will have an impact on economic condition of the claimant or the payer will be looked into by the court.
  • Alimony is not affected by the gender but by the income, though more men are heard of paying the alimony than women.
  • The tenure of providing spousal support will also vary from case to case. Couples with children will have a different tenure than the ones who have none.
  • The tenure is generally kept open because, when the child grows up and becomes economically independent then the alimony amount may be reduced or stopped. There are cases when the wife starts working years later, in such a case too the alimony can be stopped if the partner who is paying makes an appeal and provides documents and other proves to make his point.
  • At a regular interval the court reviews the alimony amount, if it is found to be less than additional amount has to be provided by the partner who is paying or else it may get reduced too.
  • Unfortunately, even if the basis of divorce is infidelity, the amount will not vary. One may have to pay a chunk of money every month to the person who has been cheating him.
  • The person who pays alimony can get a deduction in his taxes.
  • In the period between filing of divorce case and getting divorce legally one has to pay an “interim alimony” which changes at the final stage when the case is settled.

Under any circumstances, you have to get prepared to pay more than 40% of your income to the recipient as alimony.