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.
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
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:
Negotiate a spousal support agreement that works for both parties
Gather and submit the required documents to the court in a timely manner
Represent you in court
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.