According to TMZ, Robi, who was famously a member of one of the biggest Latin boy bands in history, filed papers to divorce his wife, Angela Lizette Alvarado, after a nearly 30-year marriage. They have no minor children and will be seeking the court’s assistance to determine spousal support.
In Ontario, spousal support is not automatically granted to a lower-earning spouse in a divorce case. In 1999, the Supreme Court determined the three grounds that establish entitlement to spousal support (Bracklow v. Bracklow):
- To compensate a spouse for any hardships or opportunities lost due to the marriage or its breakdown;
- To fulfill a contractual agreement – expressed or implied – that proves both spouses were responsible for each other’s support; or
- On a non-compensatory basis, to assist a lower-earning spouse if there is a capacity to pay, even in the absence of a contractual or compensatory foundation for the obligation.
If the parties resided in Ontario, assuming that Ms. Alvarado has a claim to spousal support under one of the above grounds, the duration of Robi’s spousal support obligation can depend on a variety of factors, including: the age of the recipient at the date of the separation, the number of children, and the ages of their children at the date of separation.
One of the most significant factors is the length of the marriage or cohabitation period. The Spousal Support Advisory Guidelines (SSAG) set out two rules to help determine when it is appropriate for spousal support to last for an indefinite period of time. One rule states that the recipient has a stronger claim to support to indefinite spousal support if the parties have lived together for 20 years or more. The second rule states that if you add the length of the marriage or cohabitation period to the recipient’s age at separation, and it equals 65 years of more, then the recipient has a stronger claim to indefinite spousal support. In this case, Ms. Alvarado would likely have a strong claim to spousal support if the parties resided in Ontario.
Do You Have Questions About Divorce in Ontario?
Contact the family law attorneys at Feldstein Family Law Group P.C. if you have questions about spousal support, require a post-divorce modification, or are preparing to file for divorce in Ontario. Our legal team can guide you through each step of this challenging legal field.
Rely on 25+ years of experience! Call the Feldstein Family Law Group P.C.at (905) 581-7222 to schedule a free in-office consultation.