What Should You Be Aware Of When Applying For Spousal Support

What are the Important Aspects You 

Need to be Aware of Before Applying for Spousal Support?

There are many aspects of spousal support that you need to understand before applying for such support. As such, we will be covering this topic in the following sections and look at various details related to spousal support or alimony you need to know about.

What is meant by no double dipping?

If the marriage was of 20 or more years then it is likely that court will order spousal support to be paid on indefinite basis. But, in such long term relationships usually what happens is that both spouses divided all assets they have, inclusive of their pension plans. In such situation, after retirement the payor will start living on his or her share in the pension. Thus, if payor has to continue making spousal support then recipient will be double dipping which means recipient spouse will get property divided between them as well as spousal support. To avoid falling in this situation what payor should do is hire an alimony lawyer so that request can be made to court for reduction or complete termination of spousal support.

How spousal support can be changed?

alimony lawyerBefore applying for such change it will be necessary for you to consult an alimony lawyer and understand situations (such as change in means, conditions or similar other circumstances) where such change can be requested. Additionally, in case it is mentioned in spousal support document that such support will be ending by a certain date and the recipient intends to extend the same then it will be necessary for the recipient to prove that:

  • The extension of time will be necessary to alleviate economic hardship.
  • Economic hardship has occurred due to changing circumstances.
  • Changing circumstances or/and economic hardship in some way are related to marriage.
  • In case both spouses were aware of changing circumstances while earlier spousal support agreement was entered then it is likely that the agreement would have been completely different from what was actually made.

What is the procedure for exchange of income information?

You should ask your alimony lawyer to file as well as serve “notice to disclose” in court to get income information of other spouse. It is also worth mentioning here that in case one of the spouses does not divulge income information then court can impute (assign or set) income for such spouse or may well award expenditures against such party. According to law details which spouses need to exchange with each other consist of:

  • Tax return copies.
  • Notices by Canada Customs and Revenue Agency (CCRA) regarding assessment as well as reassessment for the last 3 taxation years.
  • Copies of last 3 pay stubs which clearly show year to date gross pay or any other type of current income proof.
  • Copies of all relevant statements received from social assistance, employment insurance, disability insurance, worker's compensation, pension or similar other income sources that show total income received from any particular source in current year.
  • Corporate tax returns or/and financial statements of business in case a spouse is self-employed.

Conclusion

To conclude we can say that spousal support is a complicated part of divorce procedure and you should take help of an experienced alimony lawyer to properly apply for such spousal support.

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