Whether you are seeking support yourself or may be required to make payments, our Saskatoon spousal support lawyers can help clarify:
- The range of spousal support payments, and their likely cost
- How long spousal support payments are likely to continue
- The possible tax implications of the spousal support payments
- The applicable enforcement legislation
Infrequently parties can agree on spousal support. This usually requires the assistance of experienced and skilled divorce lawyers. If both parties cannot come to an agreement on spousal support between themselves – an application to the court may be made and a judge will make the decision.
SASKATOON SPOUSAL SUPPORT LAWYERS – WHAT IS MY SPOUSAL SUPPORT ENTITLEMENT?
Generally speaking, “spousal support” is the legal term used for the payment from one ex-spouse or ex-partner to the other after a divorce or separation. In the case of ex-common-law partners, receiving support payment in Saskatchewan similar to divorced partners.
Both married couples and common law couples may be entitled to spousal support or partner support on the same principles:
• An imbalance of income-earning potential – for instance, where one spouse has put his or her career on hold for the benefit of the other or to in order raise children.
• Whether the separation may result in a significant alteration to the quality of life for one spouse and not the other.
• Whether one spouse has been negatively impacted by the marriage or its breakdown.
• Whether one spouse has been financially disadvantaged by the marriage or the common law relationship and its breakdown.
• The financial consequence for the spouse who has primary care of any children of the relationship following separation.
• Whether a spouse needs spousal support for basic needs in order to make ends meet.
However a spouse is not automatically entitled to spousal support and maintaining your lifestyle is not guaranteed. Child support will always be considered paramount and more important, ranking ahead of spousal support in the court’s priority.
Our Saskatoon spousal support lawyers’ goal is to provide you the best legal arguments in your pursuit of a sufficient means of support by demonstrating to the court how your needs and rights will be impacted and affected by the divorce or separation.
For assistance in understanding more about how spousal support works, when spousal support is appropriate and how spousal support payments are calculated, call us today at 306-653-7777 and one of our experienced Saskatoon spousal support lawyers will be happy to assist you.
SASKATOON SPOUSAL SUPPORT LAWYERS – CAN I GET SPOUSAL SUPPORT?
After seeking a divorce or separation, many former couples would like to receive some sort of spousal support. You may require a Saskatoon spousal support lawyer if you are going through a divorce or separation that involves a significant difference in income between yourself and your ex-partner.
The underlying aim or guiding principle of the courts when considering an application to award spousal support is the intention to reduce the economic harms, which may often affect the spouse who earns less, when a marriage relationship ends.
As mentioned earlier, when deciding whether to grant spousal support, courts will consider the length of the marriage, income of the respective spouses, and all other relevant economic and financial factors of the individual’s situation.
The circumstances and facts unique to each individual case are of great importance to the court, therefore the advocacy skills of the lawyers involved can be critical to succeeding, whether you are seeking payment or your previous partner is seeking payment against you.
In appropriate circumstances, judges may order spousal support to compensate a spouse for his or her financial contributions, as well as other contributions such as staying home and raising children – while the other spouse advanced in his or her job, career, and earnings or wealth.
Spousal support may also be ordered transitionally, to provide stability for a limited period of time to the spouse who earns less but anticipates returning to employment, school, or other training in order to secure career opportunities and a better future.
Orders for spousal support are routinely made for “maintenance”, for either a fixed duration or an ongoing period of time. These types of orders are more often granted by the court in situations where the parties were married for a significant length of time and there exists a large disparity between the two spouses’ income.
Education and training, career advancement opportunities, and earning potential may also be relevant factors and considerations.
Either spouse can be ordered by the court to pay spousal support to the other. The amount of spousal support that gets awarded will depend on the status of each spouse in terms of their respective income and assets, education, employment, age and health, and the standard of living enjoyed during the marriage or lengthy common law relationship. The amount awarded may be ordered to be paid in a one single lump sum or with monthly payments for a fixed time or on an ongoing basis.
The longer the marriage or relationship, the longer the order is likely to last, for example if you have been married less than 20 years, the duration of the spousal support will be based partly on the length of the marriage and the financial needs of the spouse.
If you have been married more than 20 years, spousal support may be likely to last until that person receiving spousal support dies or remarries. For the payers of spousal support you cannot evade court ordered spousal support payments by declaring bankruptcy as you are still required by law to make any court ordered payments although you could apply to the court to vary the terms where circumstances have changed.
How are Spousal Support Payments Treated for Income Tax Purposes?
For income tax, the spouse paying spousal support payments are a deductible expense whereas for the individual receiving the spousal support payments, the payments are considered taxable income.
SASKATOON SPOUSAL SUPPORT LAWYERS – DO I NEED A LAWYER?
The lawyer’s job is to filter out the facts that need not be presented, and to present the compelling facts in such a way as to demonstrate to the court your side of the story. The task is to persuade the court that the fairest outcome is the one that you desire to achieve being most favourable to you.
Spousal support is not an automatic right in Saskatchewan. The need for financial support must be proven in order to receive any spousal support payments. The financial ability of the person expected to pay spousal support must also be proven with evidence. The lawyer collects and presents the evidence usually through the filing of affidavits.
When it comes to the Court’s assessment of the individual facts of each party involved in a spousal matter – the ability to advocate and present your circumstances in an articulate and persuasive manner is the reason it may be essential to hire a skilled and experienced Saskatoon spousal support lawyer.
The final court order can vary dramatically depending on how the facts of each party are presented to the court. In other words having a really good lawyer to argue your case and advocate for you in key.
Saskatoon spousal support lawyers routinely handle the entire divorce or separation proceedings, from start to finish, including spousal support, division of assets, issues surrounding child custody or access, as well as visitation and child support.
Oftentimes spousal support negotiations can create enormous amounts of stress for both parties involved. Your Saskatoon spousal support lawyer will mediate on your behalf, and help you navigate through the situation based on their well-honed skills and training.
OUR SASKATOON SPOUSAL SUPPORT LAWYERS PRIORITIZE YOUR GOALS & OBJECTIVES
We are on your side! Whether you are a man (husband / father), or woman (wife / mother), we will serve your interests to get the best possible result for you.
Our Saskatoon spousal support lawyers team will help you find closure on legal matters after a separation or divorce. We will work together to evaluate all of your needs and factor them into a fair and appropriate spousal support resolution that protects your rights and best interests.
SASKATOON SPOUSAL SUPPORT LAWYERS – NEGOTIATIONS vs. COURT
In cases where the parties can deal reasonably, which is often helped with the assistance of experienced lawyers, the parties might be able reach an agreement without going to court. This can sometimes save time, cost, and lessen the divisiveness of the overall situation of the relationship’s breakdown. The parties might either:
- come to an agreement between themselves which is then finalized by their respective lawyers and reduced to a binding and enforceable contract signed by both parties,
• let the lawyers negotiate a formal agreement directly and then reduce it to a binding and enforceable contract signed by both parties,
• or else reach an agreement through mediation or collaborative law
Our lawyers understand that in many cases issues may be resolved through negotiation. Whether that be negotiating the terms of separation or divorce, spousal support, division of assets and property, or negotiating the issues of child support, child custody and access.
In other cases, the best course of action is to proceed to court directly. Court orders for spousal support can be made on an interim application which means a court order might be achieved in certain cases relatively quickly, although this approach carries its own inherent risks and costs, and is therefore a tactical decision to be considered carefully with one’s lawyer and varies from case to case.
One factor is that you might spend time and money trying to negotiate, get nowhere, and end up in court anyway. Again the propensity of the parties to agree is a major factor to be considered and oftentimes there may be an unfortunate and underlying resentment or acrimony which might make it impossible to agree and makes the court avenue the most direct solution.
If the decision is taken to go to court, in the case of married couples, a judge will make a judgment based on the Divorce Act and the circumstances of the marriage.
The guiding facts and principles for the judge will be to look at all of the facts and circumstances including such matters as:
(1) the length of the marriage,
(2) which spouse is providing child care,
(3) when could the spouse requesting support achieve their own financial self-sufficiency,
(4) does one or both spouses currently have employment or other income and does the spouse need for example help to get an education,
(5) what is the ability of the other spouse to pay and what is the income disparity between the two.
These are essentially the same factors which ought to guide the parties through their lawyers in attempts at reaching any negotiated resolution of the issue of spousal support. For, if not, the court may be asked to decide and the court will decide based on these factors.
SASKATOON SPOUSAL SUPPORT LAWYERS – HOW MUCH WILL MY LAWYER COST?
Saskatoon spousal support lawyers ordinarily charge by the hour. Each lawyer has their standard hourly rate which is based on similar lawyers of equal experience and competency. Usually the range is from around $200 to $500 per hour. Some very senior lawyers have higher hourly rates.
If you merely require a spousal support lawyer to file applications or other paperwork in court, your lawyer may either charge by the hour or quote a fixed fee.
It does generally requires that a lawsuit be filed in order to effectively negotiate on behalf of the client entitled to the support. Filing the lawsuit has the effect of bringing pressure to bear, which can be helpful or even necessary in bringing the issue to the attention of the other spouse.
Indeed it is frequently more cost effective to proceed directly to court without negotiation because the parties may be way too far apart and will never agree. So why waste time and money on a lawyer to attempt at what is sure to be a failed negotiation endeavour?
Even if your goal is to negotiate and settle without major court proceedings, filing the lawsuit shows the other party you are serious, and that if they are unwilling to negotiate a fair resolution, they will find themselves quickly before a judge.
SASKATOON SPOUSAL SUPPORT LAWYERS – GET THE HELP YOU NEED TODAY
Our firm proudly serves Saskatoon and the surrounding areas including for those searching for spousal support lawyers in any of the following communities:
Kindersley, Melfort, Tisdale, Prince Albert, Humboldt, Nipawin, North Battleford, La Ronge, Lloydminster, Canora, Esterhazy, Martensville, Warman, Rosetown, Outlook, Watrous, Dalmeny, Osler, Langham, Rosthern, and Delisle.
Our Saskatoon spousal support lawyers are dedicated to helping our clients resolve their family law issues after a divorce or separation.
We help you transition through the divorce smoothly, reduce your stress, and seek positive solutions to your needs.
We can help you to evaluate your financial status after the breakdown of a marriage and determine whether you are entitled to any type of spousal support or child support.
How to Get in Touch
To receive a telephone consultation with no obligations with one of our Saskatoon spousal support lawyers call 306-653-7777 or contact us with the form on this page and we will get back to you by telephone or email within one business day.
Otherwise stop by our offices located at 224 4th Ave S, Suite 501, Saskatoon, Monday to Friday 9am to 5pm although please note that we do recommend you to kindly call in advance to book an appointment.