If support is decided outside the court
in a Separation Agreement then a Separation Agreement can include whatever payment terms the parties agree upon.
The only element that exists in a divorce settlement agreement (or court order) that is not
present in a separation agreement is that there is no termination of the marriage itself.
Until such time as the government changes the legislation, we must be careful to address the issue of this tax
credit in separation agreements and in orders.
Often when parties separate, they include a
clause in their separation agreement that says spousal support can end or be reviewed when there is a «material change of circumstances».