2. Make a new separation agreement

How do I change spousal support in my separation agreement?
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2. Make a new separation agreement

You and your partner can agree to make a new separation agreement on spousal support to deal with the significant changes to your situation. You can talk to your partner on your own, with the help of someone you both trust, or with the help of a lawyer or mediator.

Your spousal support agreement can include:

  • the length of time you and your partner lived together
  • your age and your partner's age
  • your income and your partner's income
  • the amount of monthly spousal support payments
  • the date when spousal support will be paid, including a start date
  • a repayment schedule for the missed spousal support payments
  • how you came up with the amount of spousal support
  • the reason for entitlement to spousal support
  • how spousal support payments will be made, for example, cash with a receipt, cheque, direct deposit, money order, interac e-transfer, or through the Family Responsibility Office
  • how you plan to deal with spousal support if there are changes in your situation such as changes in income or employment
  • how you will exchange updated income information

Your separation agreement has to follow certain rules to make it binding and enforceable under the law. This means your agreement is made in a way that allows the court to order you or your partner to do what the agreement says, if either of you stop following it.

You don't need a lawyer to make a separation agreement. But it’s a very good idea for each of you to get your own legal advice before signing one.

It is important for each of you to get your own legal advice from different lawyers. This is sometimes called independent legal advice. The advice is independent because each lawyer is only working for one of you.

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Law Society of Ontario
Reviewed: November 30, 2017

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