View Single Post
  #26 (permalink)  
Old 06-08-2017, 08:45 AM
Rioe's Avatar
Rioe Rioe is offline
Senior Member
 
Join Date: May 2010
Location: Ontario
Posts: 3,217
Rioe will become famous soon enough
Default

Quote:
Originally Posted by mathatter89 View Post
1) She can make the argument that she supported me while I was helping my income rise. I can also make the argument that I turned down making even more money (by staying where we lived) in an effort to help her establish her career because she's in a field that is location dependent (versus mine is not). I can also make the argument that she decided to take a significant pay cut at one point due to medical reasons and I agreed to support her with a career change as she re-established her career - had to get a new degree and experience in a new field altogether. (cohabitated at the time, but not married) (in total, cohabitated for 5 years, married for 3 of those years).

2) She can make the argument that she could have made more money in the last year of our relationship by working elsewhere, but she chose to stay in an effort to support me because I was making more money then. If she would have been single, she could have made more money oversees, but then again her bills and schooling wouldn't be magically paid by me and her schooling wouldn't have been partly paid by me/us.
So you need to do a lot of research on spousal support. Look up cases in CanLII and see what the reasons were for each one about whether spousal support was refused or ordered. Make a list of all her possible arguments, and see if they are valid. Figure out if there are precedents you could use to rebut those arguments.

I think SS usually only goes by years married, so the cohabitation won't be relevant. But again, check CanLII for precedents. It sounds like you both made sacrifices and supported the other, so hopefully it will all be a wash. If it's one-sided in that her support came before marriage and your support came after marriage, it isn't exactly fair not to consider the whole relationship.

Basically, is she in a better spot financially for having had the relationship? Would she be further ahead if she had broken up with you instead of marrying you? Same goes for you. How much financial benefit did you derive from those three years of marriage, at her expense? What if both of you had never met and continued on the trajectory you had been planning before you met/dated?

Most importantly, what was her rationale for waiving SS in your original agreement? What do you think is her motive for reopening it now?

Even if she turns out to be entitled to SS, because your marriage was short, it would only be for a year or two at most.

So after you've done your research, figure out how likely you think it would be that a judge would order SS. A lawyer's advice here will be invaluable, but you'll save a lot of money by having specific questions to ask instead of just going "tell me all about SS." If in the end, you think she has a good case for SS and your rebuttal would be poor, make an offer to settle to avoid court. Eventually, you reach a balance point between how much SS she might be entitled to against the cost going to court to fight her would be.

If you do offer to settle though, make SURE that your new agreement includes a waiver of future SS on her part.

Quote:
Originally Posted by mathatter89 View Post
If disclosure is done as of date of separation, then why am I forced to (as part of the form) list YTD income and forced to attach the most recent paystubs?
It's a generic form, and the information about most recent income is extremely relevant to child support determinations, because CS varies with income.

Income, assets and debts as of date of separation are used for equalization and SS.

Of course, your ex would like to see most recent income so she knows how much more money you make now that she could possibly get a piece of. If you do decide to disclose current income, make sure you get hers in return.

You know, rereading your original post, you didn't even mention SS. It was us that brought it up. Is she even asking for it? Or does she just want equalization redone because she's realized you did it wrong?

Last edited by Rioe; 06-08-2017 at 08:47 AM.
Reply With Quote