Toronto Family Law Lawyers for Spousal Support
Spousal Support After Separation or Divorce
When a relationship ends, one party may be required to provide financial support to the other, often referred to as ‘alimony.’ While both spouses should strive to minimize the need for support, a formal agreement or court order for spousal support may still be necessary.
At Bobila Walker Law, our family law attorneys regularly help clients negotiate spousal support terms as part of a separation agreement or during mediation or litigation. Whether support is needed or mutually agreed upon, we offer guidance and negotiate terms on behalf of our clients.
Several factors can impact the entitlement to and the amount of spousal support, including:
- The duration of the marriage or relationship
- Differences in income between the parties
- Employment history and future career prospects
- The age and health of both parties
- The presence and age of children, if applicable
The amount and duration of spousal support are typically determined with reference to the Spousal Support Advisory Guidelines. These guidelines suggest support ranges that are tailored to each individual case, factoring in all relevant elements. Our lawyers work diligently to protect our clients’ interests and ensure that every relevant factor is considered, whether they are paying or receiving support.
Full Disclosure
Full disclosure of income and assets is crucial when determining spousal support. Failure to properly disclose financial information can have serious repercussions, including damage to a party’s credibility and the possibility of a higher income being imputed, leading to an increased support obligation. In cases where one party is suspected of withholding or misrepresenting their financial details, our lawyers are dedicated to uncovering hidden assets and income. We may also collaborate with experts when necessary to ensure full transparency and protect our clients’ interests.
What is Considered a Spouse?
Even if you are not married, you may still be considered a “spouse” for the purposes of spousal support under section 29 of the Family Law Act (FLA). According to this section, the following relationships are defined as spouses:
1. Two individuals who are legally married to each other.
2. Two individuals who have entered into a marriage that is either voidable or void, but in good faith on the part of the person relying on the marriage for asserting rights.
3. Two individuals who are not married but have cohabited continuously for at least three years.
4. Two individuals who are not married but have cohabited in a relationship of some permanence, and are the natural or adoptive parents of a child.
This broad definition ensures that individuals in common-law relationships or those in longer-term partnerships may be entitled to spousal support, just as married individuals are.
How Does the Court Determine Spousal Support in Ontario?
If an individual meets the criteria for being a spouse under the Family Law Act (FLA), they may be eligible for spousal support.
The court considers several factors when determining the duration and amount of spousal support under section 33(9) of the FLA, including:
- The current assets and means of both the dependent and respondent;
- The future assets and means of both parties;
- The dependent’s ability to contribute to their own support;
- The respondent’s ability to provide spousal support.
Similarly, under section 15.2(4) of the Divorce Act (DA), factors such as:
- The financial means of each spouse;
- The needs and circumstances of each spouse;
- The length of the cohabitation;
- The contributions of each spouse during cohabitation;
- Any existing orders, agreements, or arrangements related to support are also considered when determining spousal support.
Spousal Support Advisory Guidelines (SSAG)
In practice, spousal support is often calculated using the Spousal Support Advisory Guidelines (SSAG). While the SSAG is not legally mandated, it provides a framework based on key factors such as the parties’ income, the duration of the relationship, the age of the parties, child custody arrangements, and the age of the children.
The lawyer inputs this information to generate estimates of the support to be paid. The court will review these figures and decide on a fair and appropriate amount of spousal support.
Judges typically apply the law and use the SSAG to ensure that their calculations align with established norms, though they are not obligated to follow the guidelines strictly and have the discretion to make adjustments as needed.
To speak to one of our family law spousal support lawyers, please contact us at 416-847-1859.
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our Team
DANIEL
WALKER
MANAGING PARTNER
Daniel Walker is the Managing Partner of Bobila Walker Law and a seasoned litigator whose practice focuses on complex estate, civil, and family disputes. With a reputation for navigating high-stakes matters involving fiduciary breaches, multi-jurisdictional assets, and intricate legal frameworks, Daniel combines legal precision with strategic insight across several intersecting practice areas.
Estate, Trusts & Fiduciary Litigation
Daniel’s principal area of expertise lies in wills, trusts, and estate litigation. He has extensive experience litigating matters involving:
- Contested will challenges
- Breaches of fiduciary duty and trust
- Power of attorney disputes
- Guardianship and capacity litigation
- Dependant’s relief claims under the Succession Law Reform Act
- Complex intestacies
- Trust rectification and variation applications
He also routinely acts as an estate trustee or executor on behalf of domestic and international clients and serves as Power of Attorney for Property and Personal Care.
Passing of Accounts (Contentious & Non-Contentious)
Daniel advises beneficiaries and fiduciaries on passing of accounts applications, with a focus on tracing assets, scrutinizing expenditures, and litigating claims of misappropriation or negligent administration.
Complex Family Law & Cross-Border Litigation
Daniel brings unique expertise to family law disputes:
- High-value family litigation involving international property, hidden assets, and jurisdictional disputes between Canada and Europe.
- Advises clients through every phase of separation, divorce and related disputes.
- Handles contested and collaborative matters alike, including division of family property (from personal assets to complex business interests), child-custody and support issues under the Federal Child Support Guidelines, and spousal maintenance.
- Enforcement of prenuptial, postnuptial and cohabitation agreements, represents clients in mediations, arbitrations and trials, and manages post-judgment enforcement or variation applications to ensure court orders remain fair as circumstances change.
German-Speaking Legal Services
Fluent in German, Daniel frequently advises clients on civil litigation, probate, and estate matters with ties to German-speaking jurisdictions. He also speaks Serbian, Croatian, and Bosnian, and is equipped to manage cross-border mandates involving multiple legal systems.
Professional Background
Prior to entering private practice, Daniel served as a Senior Policy Advisor at the Department of Foreign Affairs and International Trade (DFAIT) in Ottawa. During law school, he worked with:
- The in-house legal team at Rogers Communications
- The Office of the Privacy Commissioner of Canada
Daniel regularly appears before the Ontario Superior Court of Justice, including the Estates List and Commercial List.
Guardianship and Power of Attorney Disputes
Daniel Walker is a trusted Ontario litigator whose practice is devoted to adult guardianship and capacity law. Drawing on extensive courtroom experience and a deep understanding of the Substitute Decisions Act, he guides families and individuals through the complexities of contested guardianship applications with clarity, compassion and precision. Whether an urgent interim order is required to secure a vulnerable adult’s property or comprehensive preparations must be made for a full hearing, Daniel navigates every procedural step and ensures his clients know what to expect at each stage.
Estates Administration
Drawing on deep expertise in the Estates Administration Act and the Estates Act, he oversees probate applications, ensures timely compliance with statutory obligations and protects fiduciaries from personal liability. Recognizing that even straightforward estates can give rise to contested issues—whether challenges to joint-account strategies, claims under Pecore v. Pecore or disputes over executor conduct—Daniel provides proactive counsel to prevent costly delays and litigation.
Beyond routine administration, Daniel advises on the management of high-value and complex estates and trusts, including investment oversight, cross-border transfers and the settlement of debts prior to distribution. He drafts and negotiates mediation agreements in mandatory estate-dispute mediations, handles fiduciary accounting and, where necessary, advocates for clients in contested proceedings. With a focus on preserving estate value and safeguarding trustee and executor interests, Daniel delivers dependable legal counsel tailored to each client’s unique situation.
Civil and Commercial Litigation
Daniel Walker is a seasoned civil and commercial litigator who advocates for individuals, corporations and partnerships in complex business disputes. Drawing on a thorough command of Ontario’s Rules of Civil Procedure and decades of courtroom experience, he guides clients through high-stakes shareholder oppression and partnership breakdown claims, negotiates and litigates breaches of contract and other commercial obligations, and resolves contentious real-estate and property-ownership disputes. Whether you face allegations of defamation that threaten your reputation or professional-negligence claims that endanger your practice, Daniel marshals tailored strategies—combining vigorous trial advocacy with pragmatic settlement negotiations—to protect your interests and achieve commercially sensible outcomes. From case inception through appeal, he manages every procedural step, coordinates expert evidence, and provides clear advice so that you always understand your options and the likely path forward.
Elder Abuse & Elder Law
With extensive experience under the Substitute Decisions Act and related legislation, Daniel Walker combines proactive planning—drafting carefully tailored powers of attorney and guardianship applications—with decisive legal action to secure urgent relief where seniors’ safety or assets are at risk.
Whether you’re concerned about unexplained injuries, unauthorized financial transactions or signs of neglect in a care facility, Daniel provides clear, compassionate guidance every step of the way, coordinating with medical and financial experts to investigate allegations, freeze suspect transactions and restore decision-making authority to the vulnerable adult. His priority is ensuring that every client and family he serves obtains prompt, practical protection and peace of mind.
Whistleblower Protection & Crisis Management
Daniel provides legal support to whistleblowers, professionals, and institutions navigating:
- Professional discipline proceedings
- Matters of national security and confidentiality
- Public sector accountability under the Freedom of Information and Protection of Privacy Act (FIPPA)
- International immunity and state actor litigation
With deep experience handling workplace-related and service-related human rights disputes, Daniel guides clients through every stage of the process: from initial fact-gathering and document preparation to mediation, Tribunal hearings and, if necessary, appeals. He pursues remedies ranging from financial compensation and reinstatement to public-interest orders requiring systemic policy changes. By blending pragmatic risk management with rigorous advocacy, Daniel ensures that his clients remain compliant with Canada’s shifting human rights landscape and that those who suffer discrimination obtain prompt, effective redress.
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