NewsTalk 1010: Former Spouses Beware - Featuring Laura Paris, Shulman & Partners

On a recent NewsTalk 1010 segment, Laura Paris, Associate Lawyer at Shulman & Partners LLP, discussed when spousal support can be revisited after a divorce. Many people assume that once a separation agreement is signed, support arrangements are permanent. In reality, most agreements in Ontario require former spouses to exchange financial disclosure on a regular basis. That ongoing transparency can trigger a review of support if the payor’s income has increased in a way that is connected to the life and career built during the relationship. The conversation explored why the law allows for these adjustments, how courts think about fairness on both sides, and the situations where post separation earnings or windfalls are clearly off limits.

"...But you also have to look at the flip side and say there is this other person who made a lot of sacrifices for the relationship and may not have the ability now to earn what the other spouse is earning.”
– Laura Paris, Associate Lawyer, Shulman & Partners LLP

Drawing on a recent court decision and broader family law principles, Laura explains that spousal support in Ontario is not always a one-time, set-and-forget issue. Most separation agreements require former spouses to exchange updated financial disclosure annually. This ongoing exchange can trigger a review of support where a payor’s income has increased significantly after separation.

Laura notes that the law distinguishes between different types of entitlement to spousal support. One is need or lifestyle based, where there is a large disparity in income and the goal is to help the lower-income spouse maintain a reasonable standard of living for a limited period. In those cases, support may be ordered for a shorter duration, with an expectation that the recipient will become increasingly self-sufficient.

The other type is compensatory support, where a spouse made sacrifices during the relationship that limited their earning potential. Examples include staying home to raise children, putting a career on hold, or stepping back so the other spouse could advance. In those situations, post-separation increases in income can still be tied to the foundation built during the marriage, and support may be payable for a longer period.

Laura explains that not every increase in income is automatically shareable. If a payor completely retrains and moves into a new field after separation, there may be a strong argument that the new income is unrelated to the relationship. By contrast, if a spouse progresses naturally within the same line of work that existed during the marriage, the recipient may be entitled to benefit from that growth.

She also addresses common concerns about inheritances. In most cases, inheritances are treated as excluded property and are not shared through spousal support or property division, because they are viewed as gifts rather than assets built through the marriage.

Ultimately, Laura emphasizes that entitlement must be established before any discussion of amount or duration. Once entitlement is clear, courts then consider key factors such as length of the relationship, presence of children, relative incomes, and the sacrifices each spouse made. The goal is not to punish success but to fairly recognize the economic impact of the relationship on both spouses over time.

Listen to the full NewsTalk 1010 segment here. 

This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media  archive.