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Unlike child support, spousal support (other than lump sum payments in respect of which there are specific tax rules) which is provided for in a written agreement between the parties or a Court Order, is tax deductible to the paying spouse and, for the purposes of income tax, is considered income to the receiving spouse.
It is, however, far more difficult to determine the appropriate quantum, and/or duration, of spousal support than child support. There are no hard or fast rules and, notwithstanding the assistance of the Spousal Support Advisory Guidelines, each case is dictated by its facts with consideration given to such factors as:
Under the Family Law Act (Ontario), support obligations can arise upon the breakdown of a marriage or , in the case of a common law relationship, where the parties have continuously cohabited for not less than three years or were in a relationship of some permanence if they were the natural or adoptive parents of a child.
Let Sorley & Still Help You: Sorley & Still’s lawyers can help you understand your responsibility for spousal support (as a paying spouse) or your entitlement to spousal support (as a receiving spouse).