Your Spousal Support Lawyer – Montreal
Are you looking for alimony or preparing for divorce? Talk to Goldwater, Dubé. Our spousal support lawyer in Montreal can be of service to you. Call us today.
Spousal Support Attorney in Montreal
After a divorce or legal separation, you may be entitled to spousal support, also known as alimony. The Québec Superior Court may grant alimony when one party is financially disadvantaged compared to the other. The aim is to allow the disadvantaged party to have a lifestyle similar to the one enjoyed before the divorce. Spousal support is not to be confused with child support payments. Alimony is paid to cover the needs of the spouse, not the children.
It is a complex area of family law that’s often contested in court. Having a Montreal family lawyer by your side through the process is invaluable.
Compassionate family lawyers at Goldwater Dubé understand how divorce can affect you emotionally and financially. We are available to give you the legal support you need to obtain the alimony you deserve.
Who Is Entitled to Spousal Support in Montreal?
Establishing spousal support may be difficult, especially when the involved parties can’t agree on the amount. You may feel entitled to a higher amount because of your contributions and support for your ex-partner’s career. On the other hand, your ex-partner may feel it is unfair to pay spousal support for nothing in return.
The court will not grant spousal support automatically after a divorce. You must apply for it and present a statement of your financial situation or needs. Your ex-spouse must also show evidence of their finances.
If you and your ex-spouse separate amicably and agree on the amount of spousal support, you can include it in a draft agreement and file it with the court. Spousal support can be made in regular or lump sum payments for a fixed or flexible period.
Montreal family lawyers from Goldwater Dubé can help negotiate a suitable amount of support on your behalf. We can also prepare a convincing draft agreement to make sure the judge grants you the amount you need.
How Is Spousal Support Calculated?
In determining the amount of support payable to the disadvantaged spouse, the Québec Superior Court will consider the following factors:
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The financial resources of both parties
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The financial needs of the party requesting the support
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The length of time the parties lived or spent together
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The duties or roles of both parties while together
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Any court decisions, agreements or support payments already in place
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The degree to which each spouse is financially independent
Alternatively, you may use the Spousal Support Advisory Guidelines to calculate the alimony amount. However, this doesn’t replace the judge’s decision.
Where one party is already paying child support and cannot afford spousal support, child support takes priority.
How Is Spousal Support Collected?
After the spousal support amount is decided, it is collected by Revenu Québec. The deduction of spousal support can be made directly from your ex-spouse’s salary or through a payment order.
In certain cases, the court may grant an exemption that the amount be paid directly to you. With the consent of your ex-partner, you may apply to the court for an exemption with your joint application.
The exemption request may be included in a draft agreement for a divorce or legal separation. It can also be included in a joint application for determining child custody and support. If the judge grants permission, they will mention the exemption in their judgment.
If the judge has already issued a judgment, both parties may apply for exemption under Section 3 of the Act to facilitate the payment of support. To obtain the exemption, you must meet the following requirements:
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You and your ex-spouse apply jointly voluntarily.
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Your ex-spouse provides a guarantee equal to a one-month payment.
Alternatively, your ex-spouse can establish a trust to guarantee the payment of spousal support. This way, you will not have to apply jointly.
If your ex-spouse fails to make the payments on time or at all, Revenu Québec may terminate the exemption and get involved.
Can You Modify Spousal Support
In certain situations, you may need to request the modification of spousal support. But, you must provide evidence of a significant change in your situation. The change must not be predictable when the spousal support order is granted or during the signing of the agreement.
The change in your situation must also justify the modification of the support payments. Some examples of a change in situation include:
- Losing your job
- Getting sick or developing a disability
- Retiring
Even if one or more of these apply to you, the judge may still refuse to change or cancel the support. A skilled spousal support lawyer can provide present your case in the best light to convince the judge to modify the support.
What If the Spouse Paying Spousal Support Dies?
If your ex-spouse dies, you or your child may claim a financial contribution from their heirs. However, the amount you will receive depends on the financial assets and needs of the heirs.
If you want to benefit from spousal support after your ex-spouse passes, you must apply within six months of their death and satisfy some conditions.
Can De Facto Spouses Get Spousal Support?
De Facto couples, known as common-law spouses, are not entitled or obliged to pay spousal support after separation. In Québec, couples who are not married and not in a civil union are not covered under the Civil Code of Québec.
Why Do You Need a Spousal Support Lawyer?
Spousal support lawyers are indispensable in every family law case. They can help you:
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Negotiate a spousal support agreement that works for both parties
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Gather and submit the required documents to the court in a timely manner
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Represent you in court
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Protect your rights of spousal support
Contact a Spousal Support lawyer at Goldwater Dubé
Goldwater Dubé has been handling family law cases across Québec for decades. We have helped many clients develop well-thought-out payment plans that work for everyone. We can help you too!
Contact our law firm today to discuss your situation and get advice on how to move forward.
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Make an appointment with a member of our team today.