Spousal support is sometimes referred to as alimony, it is payable by one party to the other and it is gender neutral. This claim may arise after a marriage or common law relationship breaks down and it is a complex and situation specific issue. Income determination may be a challenge, and this is when financial or business experts assist. There are different classifications of spousal support which determine entitlement along with the amount and duration of support paid. The Spousal Support Advisory Guidelines and caselaw provide guidance to the determination of entitlement, quantum and duration but this remains highly subjective and discretionary. An understanding of the law and applying a reasonable approach are important in these circumstances along with the tax consequences and implications of payments made and received.
What is the process for obtaining spousal support?
Nelson Family Law provides valuable insights into the steps involved in obtaining spousal support.
Consultation with an Attorney
The first step in seeking spousal support is to consult with an experienced family law attorney. With its wealth of expertise in family law matters, Nelson Family Law offers personalized consultations to assess the unique aspects of your case. During this consultation, you’ll discuss your financial situation, the duration of the marriage and other pertinent factors that might influence the assessment of spousal support.
Understanding Eligibility
Spousal support is not automatically granted in every divorce case. Understanding the eligibility criteria that the court takes into account is essential. Nelson Family Law assists clients in determining whether they meet the requirements for spousal support, considering factors such as the standard of living during the marriage, the duration of the wedding, and each spouse’s financial resources and needs.
Documentation and Financial Disclosures
When seeking spousal support, comprehensive documentation of your financial situation is essential. Nelson Family Law guides clients through gathering necessary financial documents, including income statements, tax returns, and details of assets and liabilities. Full financial disclosure is crucial to presenting a compelling case for spousal support.
Negotiation and Mediation
In many cases, spousal support can be determined through negotiation or mediation rather than a court trial. Nelson Family Law employs skilled negotiators and mediators who work to achieve fair and mutually agreeable spousal support arrangements. This approach often allows for a more amicable resolution, reducing stress and legal costs.
Court Proceedings
Nelson Family Law is prepared to represent clients in court if an agreement cannot be reached through negotiation or mediation. The legal team will build a persuasive argument to attain a just spousal support order, considering pertinent legal precedents and statutes.
Once we clearly understand your unique situation, we champion your cause to facilitate negotiations for a fair outcome spousal support arrangement through mediation or, if necessary, in court. Our goal is to secure an outcome that is not only legally sound but also considers your circumstances and future financial well-being.