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Old 06-06-2017, 10:26 PM
mathatter89 mathatter89 is offline
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Quote:
Originally Posted by arabian View Post
If you have spoken to "multiple lawyers" then I think you have your answer.

Spousal support MAY be retroactive to the time when it was first raised by the other party. Did your STBX (soon to be ex), or EX send you a letter at the time of separation demanding SS? If you receive communication from your ex's lawyer demanding SS then the date of demand would come into play should she be successful.

You can read up on cases which have been decided by judges which are similar to yours (case law) by accessing CanLii.
I've been going through a lot of emotion today, so please forgive me, the first thing I need and should have said earlier was thank you for all of your help. My apologies I did not convey my thanks earlier.

I've been talking to multiple lawyers (a work perk for me) and have sought advice on this forum, so have been running around with my head cut off for the last 5 hours or so.

My STBX did not demand SS at the time of separation and has not done so yet. The only thing I got today was a letter from her lawyer indicating that they believe the separation agreement is null and void and that they were looking to renegotiate the separation agreement - so nothing about SS.

Because I have served her with the application for divorce today, her lawyer has 30 days to reply back to my application indicating what she wants.

Until then, I really don't know what she wants. One of the items I noticed that she can fight for is for me to cover her legal costs. Is that a normal item for me to have to pay her legal costs for her to 'renegotiate' the separation agreement?

Anyways, say the agreement is in fact declared null and void. I understand she has to file a financial disclosure form, I don't think I have to at this point because the agreement has not been considered null and void.

Let's say that it is though, is it an equalization of assets and SS based on the date of separation, or is it based on what I and she have now? (a year after separation and living apart?)
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