IF I CAUGHT MY SPOUSE CHEATING ON ME, DO I HAVE TO PAY THEM SPOUSAL SUPPORT?
Contrary to popular misconception, the conduct of your spouse - including whether he/she commits adultery - has been irrelevant to the issue of either spousal support since the late 1970s.
Factors that do affect whether spousal support must be paid include comparisons of the parties’ incomes, length of marriage, whether they have children, who has custody of the children and whether health factors affect a spouse. a judge will also consider whether a spouse has lost economic opportunities because of the marriage.
For example, did he/she give up a job to raise the children or turn down a transfer because the family would have been forced to relocate? Even though adultery is still grounds for divorce, it’s a lengthy and complicated process to obtain a divorce on those grounds and requires a trial. Most divorces in Canada are granted based on the completion of a one-year separation - a ‘no fault divorce.’ It’s the least complicated and inexpensive ways for a couple to legally end their marriage.
The team at Kelly greenway Bruce understands that ending a marriage for any reason is a difficult and emotional decision. Because every situation is unique, we take the time to understand your personal circumstances so we can advise and guide you through the process to the best resolution possible.
The above information is of a general nature and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues which concern them. We would be pleased to elaborate on any information contained above and how it may apply to your specific circumstances.