When children spend substantial time in both parents' homes, child support is calculated differently than it is in a more traditional parenting arrangement. The number most parents hear about is 40%. Under Ontario's Child Support Guidelines, shared parenting applies for child-support purposes where each parent exercises at least 40% of the parenting time with the child over the course of a year. The Federal Child Support Guidelines use the same threshold. But reaching 40% doe

The monthly child-support table amount is not always the entire child-support obligation. Some costs relating to a child can be added on top of the basic table amount. These are commonly called section 7 expenses, after section 7 of the Child Support Guidelines. But not every expense for a child qualifies. The first question is whether the expense falls within one of the categories recognized by the Guidelines. The second is whether it is necessary in relation to the child's

If you are separating with children, child support is usually one of the first financial issues that needs to be understood. Ontario's child-support framework is designed to make the calculation more consistent than many other areas of family law. But that does not mean every case is solved by typing one income into an online calculator. For many families, the starting point is a table amount based on income and the number of children. The calculation can become more complica

When parents separate, a lot of attention naturally goes to the parenting schedule. Where will the child sleep? How will weekends work? What happens during school holidays? But another question is just as important: Who will make the significant decisions about the child's life? In Ontario, this is called decision-making responsibility. It can include decisions about a child's education, healthcare, culture, language, religion or spirituality, and significant extracurricular

If your parenting agreement or court order was made several years ago, it may still use the words “custody” and “access.” If you are creating or changing a parenting arrangement today, you are more likely to see different terms: decision-making responsibility, parenting time and contact. The federal Divorce Act stopped using “custody” and “access” when major amendments came into force on March 1, 2021. Ontario's Children's Law Reform Act was also amended effective March 1, 20

If you are separating and have children, you may still find yourself using words like “custody” and “access.” Those terms were used in Canadian family law for many years. But since March 1, 2021, the federal Divorce Act and Ontario's Children's Law Reform Act have used different language for new parenting arrangements: decision-making responsibility and parenting time. The change is useful because these two terms describe different parts of parenting after separation. One ans

Spousal support may be based on the circumstances that existed when a separation agreement was signed or a court order was made. Those circumstances can change. A payor may retire. Someone may lose their job. A recipient may remarry or begin living with a new partner. Each of these events can raise legitimate questions about whether spousal support should continue at the same amount—or continue at all. But none of them creates one automatic result under Ontario family law. Th

Spousal support may have been reasonable when an agreement or court order was made. Years later, the financial circumstances of one or both former spouses may look very different. A job may be lost. Someone may retire. Income may increase or decrease substantially. Health may affect a person's ability to work. But a change in circumstances does not automatically mean spousal support changes too. Where someone is asking a court to vary an existing spousal-support order, the fi

Signing a separation agreement can bring much-needed certainty to a difficult period. But circumstances do not always stay the same. A spouse may lose a job, retire, experience a significant change in income or enter a new relationship. When that happens, one of the first questions may be whether the spousal support terms in the agreement can change too. The answer depends on what the agreement says, how the support obligation is structured and what legal process applies to c

If you have heard someone mention the “Rule of 65” during a spousal support discussion, it is easy to assume that it has something to do with reaching age 65 or retirement. It does not. Under the Spousal Support Advisory Guidelines (SSAGs), the Rule of 65 is a calculation used when considering the duration of spousal support in certain relationships. Under the without-child-support formula, support may be described as “indefinite (duration not specified)” where the relationsh

If spousal support is being discussed as part of your separation, knowing the monthly amount is only part of the financial picture. You also need to understand how long the payments may continue. There is no single rule that determines the duration of spousal support in every Ontario case. Depending on the circumstances, support may be payable for a defined period of time or may be described as “indefinite (duration not specified).” The Spousal Support Advisory Guidelines (SS

If spousal support is part of your separation, the amount written into an agreement is not necessarily the same as the amount either spouse ultimately experiences after tax. In Canada, periodic spousal support is generally deductible to the payor and taxable to the recipient when it meets the applicable tax requirements. A lump-sum payment made to settle future support obligations is generally treated differently: it is usually not deductible to the payor and is not included

If you are separating and there is a significant difference between your income and your spouse's income, spousal support is likely one of the first financial questions you have. How much will you have to pay? How much might you receive? And how long could support continue? In Ontario, there is no single fixed percentage or simple table that determines spousal support in every case. The analysis generally involves three separate questions: entitlement, amount and duration. If

If you have used a spousal support calculator in Ontario, you may have expected it to give you one monthly amount. Instead, you may have seen three figures: low, mid and high. So which one is correct? The answer is that the Spousal Support Advisory Guidelines (SSAGs) are designed to produce a range rather than one mandatory number. That range gives lawyers, spouses and courts room to consider the circumstances of the particular relationship before determining an appropriate a

Spousal support in Ontario can be based on compensatory, needs-based, or contractual grounds. Learn what each one means and how the basis of a claim can affect support after separation.

by: Amanda Willing One of the things people often tell me after they separate is, "I don't even know where to start." I get it. You're trying to process a major life change while still going to work, taking care of your children, paying the bills, and figuring out what tomorrow looks like. The idea of digging through paperwork probably isn't high on your list. But here's why I still encourage clients to do it. The first month after separation isn't about having every answer.

When someone walks into my office shortly after separating, they almost always ask the same question: "Am I already too late?" Maybe they've moved out. Maybe they've transferred money between accounts. Maybe they've agreed to something just to keep the peace. They're worried they've already made a mistake. Most of the time, my answer is reassuring. The first few weeks after a separation are emotional. You're making decisions while trying to process one of the biggest changes

By: Amanda Willing The first month after a separation is rarely what people expect. One day you're trying to hold it together for your children or get through another day at work. The next, you're wondering what happens to the house, how you're going to manage your finances, whether you should open a new bank account, or if you're already supposed to be filing for divorce. It's a lot to carry. When someone comes to see me in those first few weeks, they're usually looking for

By: Amanda Willing One of the biggest concerns people have when they're separating is their property. Usually, one of the first questions I hear is: "What's going to happen to the house?" Not long after that comes another question: "Does it matter when we actually separated?" The answer is yes. Your separation date isn't just a date you'll need for paperwork. It can affect how property is valued and divided under Ontario family law. That's why it's one of the first things I l

By: Amanda Willing When people come to see me after a separation, one of the first questions I ask is: "When did you separate?" It sounds like it should be an easy question. But it often isn't. I've had people tell me they aren't sure if it was when one person moved into the spare bedroom, when someone finally moved out, or when they both accepted that the marriage was over. The truth is, those moments don't always happen on the same day. That's why your separation date isn't