6 Helpful Steps on How to Get Spousal Support

Intimate relationships are considered to be one of the most important partnerships in society. When two individuals get married, they can experience a wide array of great feelings. These individuals can then start a family, and extend their happiness through the addition of a child.

However, as is the case with many things in life, some things may not go according to plan. The two individuals who formed the marriage may separate, causing much strife. The child might need to be supported by the other partner, which comes in the form of spousal support.

Here are six helpful steps on how to get spousal support:

1. Spousal Support Requirements

Divorce can truly be a challenging issue to tackle, especially if there is a child involved. If both parties decide to formally separate, it is important discern whether or not support is needed. As a result, you should always figure out if it is required first and foremost. This can come down to a few, key factors.

Firstly, a spouse may need support for the child if they gave up their ability to make income during the marriage. The partner may also require financial assistance from the other spouse, following the breakdown of the marriage. Legally, it is crucial to understand these prerequisites, before determining eligibility.

2. The Spouse

Depending on the situation at hand, it is generally accepted that any spouse can ask for spousal support. However, the one who receives it is determined by a judge. The judge overseeing the case will consider all factors related to the divorce, before making a decision. Finances will be inspected, before heading into other aspects.

For example, the roles of each spouse will be questioned, at the time of the marriage. This leads into why the marriage broke down, to further the judge’s understanding. Should there be other arrangements affecting the case, these will also play into which spouse gets the support.

3. Contacting A Lawyer

The most straightforward way to get spousal support is to enlist the services of a family lawyer. For the most part, this legal representative will be well-versed in family law. After you have determined that you require the financial support, go over the details with a lawyer. Then, should you decide to be represented, they will get to work.

Since finding a lawyer can be relatively simple, you’ll have to speak to different ones at the outset. Go over their services and rates, and ensure that they fully understand your situation. The last thing you’ll want to have is more financial anxiety; your lawyer is not supposed to burden you!

4. Calculating Support

Figuring out how much spousal support you will be given is an intricate area to navigate. This is generally done by the applicable court and judge. However, they will also require some background on your situation, to determine the amount to be given. For starters, the amount can be based on how long you and your partner lived together.

For those living in Canada, lawyers and courts will use specific guidelines to help them decide on a final amount. Known as Spousal Support Advisory Guidelines, these help guide each party through what can be used towards the final calculation. Every situation is unique, which makes this area all the more complex.

5. Arranging The Agreement

After calculating the amount that will be given to the spouse, the arrangement comes next. Spouses can formalize how they wish to have this money transferred, using a particular separation agreement. Each spouse’s lawyer can aid in this decision, which can make things much easier.

If this cannot happen, the court will formalize the agreement for each spouse. Support can then come in a couple of ways. The most common way to receive the support is in regular, monthly payments. Or, a lump sum of funds may be dispersed at the time of the agreement date.

6. Length Of Support

After the legal proceedings have occurred, the next part to determine is how long the support will be paid. Again, this will be contingent on the uniqueness of each situation. The most significant facts of the case will then be glossed over again.

Some agreements may see spousal support only being paid out for a limited amount of time. In other cases, the court may put out an order to reflect a change in the support agreement. Each lawyer will have to address this to the judge, so that the spouse can have their concerns heard.

Although many do not think of it as such, spousal support may be a necessary element in the aftermath of a divorce. Being able to take care of oneself, or a child, requires a sustainable amount of financial assistance. Speak to a lawyer, if you need your interests taken care of.