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What should we do if we agree on spousal support?

What should we do if we agree on spousal support?
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

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What should we do if we agree on spousal support?updated
This question has an answer and 5 steps
March 1, 2021

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.

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