Spousal support can be a stressful divorce issue. If you don’t want to pay too much or get too little you’ll need the help of an experienced family law lawyer as you navigate your divorce paperwork.
The team at Merchant Law will make sure you get a fair deal. Our family law lawyers are very experienced and are adept at navigating spousal support negotiations.
How Saskatchewan Courts Calculate Spousal Support
First, Saskatchewan courts determine whether either member of the couple is even eligible for support. Either spouse may ask for spousal support, but in general, only one will receive it.
The purpose of spousal support is to help each spouse be self-sufficient without causing any initial large inequities in either spouse’s standard of living. Thus, the court considers the financial position of each spouse. The court also considers the length of the relationship and the role each spouse played.
If one spouse sacrificed career for domestic duties, for example, then they may be a good candidate for spousal support. They will need time to get education and training, as well as time to find a job. The Spousal Support Guidelines offer fairly straightforward mathematical formulas for couples with and without minor children based on the income disparities between each spouse, but that doesn’t mean there isn’t room to negotiate so long as both spouses are willing to come to the table instead of taking it before the judge.
Spousal support gets calculated independent of behavior. Neither domestic violence nor adultery are taken into account when calculating support.
When Spousal Support Ends
Your divorce order will tell you exactly when spousal support ends. Lifetime awards are rare unless both spouses are older. It may even be paid in a lump sum, and in some cases this can be the advantageous choice.
The longer the marriage the longer support is likely to last. The court also considers how long it might take for the payee to reasonably become self-sufficient.
Changing or Modifying Spousal Support
It is possible to modify child support if either spouse experiences a significant life change. This could be a change in either spouse’s income. Spousal support may be modified or ended if the payee remarries or chooses to cohabit with another partner.
To do this your lawyer will have to make a motion to the courts to get the process started, and will draft arguments as to why the spousal support award should be modified. If your ex does not agree to the change there will be a hearing.
Why Merchant Law?
A skilled family law lawyer can make all the difference when navigating spousal support. We can guide you through these complex negotiations, which will have a significant impact on your financial future. We’re also tough litigators, which means we have a good chance of making your case for you if the matter has to proceed to family law court.
Ready to get started? Just contact Merchant Law today. Our team is ready to help you make your divorce as smooth and as painless as possible.