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Pa ge 2 6 T hu rs da y, M ay 1 4, 2 01 5 - T he IF P - H al to n H ill s - w w w .th ei fp .c a I plan to separate from my wife. We have been married for 8 years. Will I have to pay spousal support to her? ASK THE PROFESSIONAL There are many factors that have to be considered in answering your question. You must first determine if your wife is entitled to spousal support. The length of time you and your wife lived together and the roles you played during your marriage will be factors to be considered as well as whether or not you had an agreement as to whether you would pay her spousal support in the event of your separation. For instance, did your wife work during the marriage or did she stay at home? If she worked outside the home, did she work part time or full time? Did your wife care for the home to allow you to work outside the home for longer hours and earn more income than you otherwise might have earned? These factors will be taken into consideration as to whether or not your wife is entitled to spousal support. If it is decided, either between you and your wife or by a court, that your wife would be entitled to spousal support, your marital history would be reviewed to determine if either of you suffered from any economic advantage or disadvantage arising from your marriage or your separation. For instance, did your wife lose out on any advancement in her career as a result of allowing you to pursue your career? If you had children, did your wife stay at home with the children for a period of time? Consideration would also be given to relieving any economic hardship that might arise from your separation. They would also look at whether you can both be self sufficient within a reasonable period of time after your separation. All these issues would be reviewed. If the matter was before a court, rather than you and your wife attempting to settle this issue with the assistance of your lawyers, you should be aware that a court won't take into account whether one or both or you improperly conducted yourself during the marriage in determining whether or not spousal support should be paid by you. If child support is to be paid, priority will be given to paying it first before consideration is given to the amount of spousal support to be paid. Give me a call to set up a consultation to discuss your particular situation. 350 Rutherford Rd. South Plaza II Suite 320 Brampton, Ontario, L6W 4N6 Telephone (905) 455-6677 Fax (905) 455-6724 E-mail ssplaw@on.aibn.com www.susanspowell.com Susan S. Powell, B.A., LL.B. Barrister & Solicitor The advice offered in this column is intended for informational purposes only. Use of this column is not intended to replace or substitute any professional, financial, medical, legal, or other professional advice. 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