Adultery & Spousal Support: Do Gifts from Third Parties Comprise Income?

Q&A By John T. Syrtash, Associate,
Garfin Zeidenberg LLP, a Toronto family law lawyer for the past 38  years

Question: My wife has committed adultery after 15 years of marriage. However, she’s not living with her penniless lover and is not working. Her parents give her stable yearly cash “gifts.” Do I have to pay spousal support?

Answer: The law still expects you to support her, even though she’s committed adultery. However, the gifts from her parents are considered in family law to be “income,” even though they are not taxable. So you may be off the hook, or at least partially relieved from paying spousal support. 

John Syrtash is an associate and family law lawyer with the Toronto firm of GARFIN ZEIDENBERG LLP.

Neither GARFIN ZEIDENBERG LLP nor John Syrtash is liable for any consequences arising from anyone’s reliance on this material, presented as general information and not as a legal opinion.

John T. Syrtash,
Yonge-Norton Centre
5255 Yonge Street, Suite 800
Toronto, Ontario, Canada M2N 6P4
Cell:  (416) 886-0359
Fax: (416) 512-9992

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