What happens if the payor of spousal support has an increase in income after the date of separation?

In order to calculate the quantum of spousal support payable, the incomes of the parties must be determined. The respective incomes of the parties is then used in order to calculate a range of spousal support applicable in a given case.

There are two issues that arise when a payor of spousal support has a post-separation increase in income. First, whether an income increase should be reflected in increased spousal support. In addition, if it ought to be included, how much of the increase should be included in determining the income of the payor for the purposes of spousal support (ex: all, some, or none of the increase ought to be taken into account in calculating spousal support). In making determinations on these issues, the following factors are taken into account:

1. The length of the marriage;
2. The roles adopted during the marriage;
3. The time that has elapsed between the date of separation and the post-separation increase in income; and,
4. The reason for the income increase. For instance, has the payor assumed a new job or did he or she receive a promotion within the same job?

According to the Spousal Support Advisory Guidelines, the upper limit or outer boundaries upon any increased spousal support in these cases should be the numbers generated by the formulas.

Should you wish to learn more about the laws surrounding spousal support and a payor’s post-separation income increase in family law, telephone Krol & Krol for a consultation at 905.707.3370.