You are here

What should we do if we agree on spousal support?

Question
What should we do if we agree on spousal support?
Learn more about this topic
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

Was this information helpful?

Tell us why or why not

By submitting this form, you accept the Privacy statement.

What should we do if we agree on spousal support?updated
This question has an answer and 5 steps
1
2
3
4
5
Reviewed: 
March 1, 2021
Answer

If you and your partner agree on spousal support, you can put what you've agreed to in a separation agreement. This is a written contract that you and your partner make.

Your separation agreement can deal with spousal support alone, or can include other things like child support, decision-making responsibility, parenting time, and dividing property. Decision-making responsibility and parenting time used to be called custody and access.

You don't have to wait until you and your partner agree on everything before making a separation agreement. You can make an agreement on the things you agree on, while working on other issues.

You can make a separation agreement if you're married or in a common-law relationship.

There are some good reasons to make a written separation agreement:

  • It can be faster, cheaper, and less stressful than going to court.
  • It lets you and your partner decide what works best for you and your family.
  • It's easier to prove what you and your partner agreed on if you have a written rather than a verbal agreement.
  • If there is a problem getting support payments, the Family Responsibility Office can help.
  • Monthly spousal support cannot be tax deductible without a separation agreement or court order.

You can talk to a lawyer who can give you advice about the rules your separation agreement needs to follow to make it legal. If you can't afford to hire a lawyer, you may be able to find legal help in other places.

Parlez Français