If your marriage is about to end in a divorce, you might be wondering if you will be entitled to receive alimony, or if you will have to pay alimony.
If you want to know more about alimony, or if there is an issue regarding your divorce procedures, you should consider hiring divorce lawyers for advice. You will get answers to your questions, as well as all the help and support you might need during this difficult period of your life.
Alimony, or spousal support, has to be paid by the spouse who earns more money than the other one, regardless of gender. This means that if a husband is considered economically dependent on his wife, the wife will have pay alimony. However, husbands are generally the ones who have to support their wives after a divorce.
How does a wife get alimony? Let’s see what the Canadian law has to say about the divorce process:
1. Canada has a no-fault divorce law
The first thing you should know is that Canada has a no-fault divorce law. This means that even if a spouse has been unfaithful, they can still be entitled to alimony.
So if you are the soon-to-be divorced husband of a wife who has cheated on you, and the judges decide that you have to pay spousal support, you will have to do it. It can seem unfair to have to give a portion of your salary to someone who has been mean to you, but this is the law.
2. Judges consider different factors to determine if a wife should get alimony
For a wife to get alimony, the judges will consider different factors. To determine whether a wife should get alimony or not, judges will consider different factors. They will look at the assets, the financial means, the needs, and the mental and physical health of both spouses.
They will look at the length of the marriage, and at the role of each spouse during their union. They will also consider who will be in charge of the children after the divorce.
If both spouses had made an arrangement about spousal support in their prenuptial agreement, the judges will review it. If there was no mention of alimony in the agreement, the judges will look at the different factors to determine the effect of the marriage and of the divorce on the financial situation of both parties.
They will then decide if the wife will get alimony, if the husband should get it, or if both spouses can be considered financially independent.
3. Alimony can meet different purposes
Alimony can meet different purposes after a divorce. If a wife has stayed home to take care of the couple’s children during the duration of the marriage, for example, the alimony will serve as a compensation for the period of time she has sacrificed her power to earn income.
If a wife has been earning some income during the marriage, but barely enough to make a living after the divorce, her ex-husband will pay alimony to support her, especially if she is taking care of the children.
Alimony can also simply be a temporary measure, while the wife is doing her best to find employment and to become self-sufficient so she doesn’t have to depend on spousal support forever.
4. The amount of alimony depends on the decision of lawyers and judges
The amount of alimony a wife can receive is not fixed. In some provinces of Canada, judges are more generous than others in awarding alimony. Even though there are some alimony guidelines that lawyers and judges can follow, the amount of money a husband will have to pay for spousal support is determined on a case-by-case basis.
Of course, if child support has to be paid, the amount of alimony to be paid monthly will be higher, especially if the wife is the one who has custody of the couple’s children.
On the other hand, if the husband is going to have custody of the children, he will keep most of his net income and pay a lower amount of alimony.
If no children are involved, the alimony will represent a smaller percentage of the husband’s income.
5. Alimony can be limited in time
If the marriage lasted a long time, or if there are children involved, the judges will probably not place a time limit on alimony. Of course, that doesn’t mean the wife will be entitled to receive spousal support forever.
In fact, if the financial situation of one or both parties eventually changes, there will be a possibility to go back to court to either demand the end of alimony, or try to change the amount of money the payor will have to provide to the recipient each month.
If the marriage was a short one, and if no children are involved, the judges will generally put a time limit on alimony.