Spousal Support Toronto
Advocacy for Long-Term Stability & Fairness — Spousal Support Toronto
Our Spousal Support Lawyers in Toronto assess your entitlement and financial needs, advocating for arrangements that promote long-term financial stability and fairness.
WHAT WE DO
The SSAG: How Support Is Calculated
Courts use the Spousal Support Advisory Guidelines (SSAG) to determine appropriate support amounts and durations after it is determined that there is an entitlement to spousal support. Entitlement is based on specific facts and the law on the topic. One partner making more money than the other does not create an entitlement. The SSAG are not legally binding but are treated as the starting point in virtually every Ontario case involving the consideration of spousal support. Kathryn uses the SSAG to build strong, evidence-based support claims for her clients who are entitled to receive spousal support.
The SSAG produce a range of support amounts based on: the length of the relationship; each spouse’s income and earning capacity; the roles played during the marriage (including caregiving and/or leaving the paid work force to raise children); the economic advantages or disadvantages from the relationship; the interconnectedness of a party’s economic circumstances (heightened in longer marriages); and whether there are children and what parenting arrangement applies.
There are two formulas: the “without child support” formula and the “with child support” formula. Kathryn determines which applies, runs the calculations, and builds a case for an amount within the appropriate range where entitlement has been established.
WAYS WE SUPPORT YOU
Types of Spousal Support
Not all spousal support categories serve the same purpose. Canadian and Ontario law recognize three types.
COMPENSATORY SUPPORT
This recognizes economic disadvantage suffered because of the roles played in the relationship — such as leaving the workforce to raise children or supporting the other spouse’s career by moving so that one partner can pursue job opportunities. It compensates for lost earning capacity and career sacrifice.
CONTRACTUAL SUPPORT
This category relies on terms the parties agree to in advance that will apply if their relationship breaks down. Typically, the terms are set out in a prenuptial agreement or contract.
NON-COMPENSATORY (NEEDS-BASED) SUPPORT
This addresses need arising from the economic interdependency of the relationship. The longer the relationship, the stronger the claim.
Why Choose Us
Compassionate Advocacy Focused on Fairness, Stability, and Your Well-Being
At Smithen Family Law, we know spousal support can be emotionally heavy-especially when safety, financial imbalance, or trauma are involved.
Our approach blends empathy with strong legal strategy to help you feel informed, safe, and supported at every step. We guide you through your options, advocate for fair outcomes, and protect your financial stability with clarity and respect. With us, you’re never judged or overwhelmed. You’re guided by a team committed to your long-term security and peace of mind.
Stories of Strength
What Our Clients Say
The most meaningful measure of our work is the lives rebuilt along the way. These stories reflect courage, trust, and the quiet victories that matter most when navigating family law and personal transformation.
She Worked Hard and Stayed With Me Through Everything
K. Smithen was attentive, professional, and dedicated throughout my case. She listened, answered all my questions, and fought for the best interests of me and my child. Her compassion and hard work made a difficult process easier. I strongly recommend her.
M.O.
Her Guidance Helped Me Feel Protected and Supported
Ms Smithen is professional and cares for her clients. I was able to focus in my situation and rely all the legal stuff to her. Due to her knowledge, I was able to secure a home for my kids. She offers good advice and makes sure the job gets done. Her rates are fair and the quality of her job is excellent. She is prompt to respond even on weekends or evenings. During the worst time of my life I felt protected and care for. Without her I would have been a mess. She is strong communicator and when in court she has a great presence and makes you feel comfortable in an unfamiliar environment. When sick you call a doctor. With a divorce you want her representing you.
L.K.
Her Team Supported Me Through Every Step With Grace.
Kathryn listened carefully to my situation and made me feel safe and supported. She and her team worked diligently, guided me with grace, and helped me stay focused during a difficult time. Her professionalism, strength, and compassion made a tremendous difference. I strongly recommend her.
WY Chan
Dedicated, Empathetic, and Truly Exceptional Representation.
Kathryn is dedicated, understanding, empathetic, and incredibly sharp. She represented me in family court with outstanding attention to detail. I felt heard, validated, and fully supported throughout the process. I am forever grateful for her hard work and commitment to my case.
MCF
Her Compassion and Integrity Helped Us Stand Again.
My divorce was extremely difficult, but Kathryn helped us land on our feet. She handled my case with exceptional compassion, professionalism, and attention to detail, protecting me and my children at every step. I am deeply grateful for her integrity and dedication. She is truly the right lawyer in hard times.
Asta Velyviene
She Helped Me Protect My Son and My Future.
Kathryn guided me through my divorce and child custody case with compassion and constant support. She kept me informed, answered every question, and helped me secure a fair agreement that protected my son’s special needs. Her judgment, creativity, and dedication made a difficult process manageable.
Paula Goncalves
Your Next Step Starts Here
Protect your financial stability with confidence.
Spousal support can significantly shape your future. Whether you’re seeking support or responding to a claim, we’re here to help you understand your rights and secure a fair, lasting outcome.
Support and Clarity
Frequently Asked Questions
Family law can feel overwhelming. This section answers the questions we hear most, offering clarity and support as you make decisions that impact your future and your family.
Can spousal support be changed or ended?
Yes. Either party can seek a variation if there has been a material change, such as the recipient becoming self-sufficient, the payor losing their job, the recipient entering a new relationship, or either party retiring. Kathryn helps clients bring variation applications where and when appropriate.
How long do I have to pay spousal support in Ontario?
The duration depends on the length of the relationship, the recipient’s ability to become self-sufficient, and whether there are children. Short marriages may result in support lasting months. Long marriages with significant career sacrifices may result in indefinite support. The SSAG provides a range of figures for what can potentially be ordered and paid.
Is spousal support taxable?
Periodic (monthly) spousal support payments are taxable income for the recipient and tax-deductible for the payor. Lump-sum payments are generally neither taxable nor tax-deductible. Kathryn works with clients to structure the tax treatment of support payments in the most advantageous way for their circumstances.
Your Next Step Starts Here
You Don’t Have to
Face This Alone
Whether you need immediate guidance or space to understand your options, we’re here to support you with clarity and compassion. Reach out, and let’s take the first step toward safety and resolution, together.
