View Single Post
  #28 (permalink)  
Old 06-08-2017, 08:55 AM
mathatter89 mathatter89 is offline
Join Date: May 2017
Posts: 46
mathatter89 is on a distinguished road

Originally Posted by Rioe View Post
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.

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?
1) I will review CanLii once I get back a bit later, have a meeting with a lawyer shortly to prepare for.

2) As I have not gotten a reply to my application for divorce from her lawyer, I don't know what she wants (as indicated upthread). I am speculating with all of the help provided here. - it would make sense she is now applying for SS, but I have not confirmed this. (if she's dropping $5K on a retainer, clearly she believes that she can get more out of this than the $5K, and the only way I see this happening is if she comes after SS.

3) After cohabiting for 2 years, we got married. Her family supported her expenses during cohabitation (half of rent, her share of phone bills etc) and I supported my half. During this time of cohabitation, that's when she decided to go down another career path. Before marriage, she had begun schooling for her new job, and after we got married, that's when all of the expenses fell on me. I feel like my argument is stronger than hers as while she was making an income prior to job shifting, she ended up making no income for 2 or so years (year 1&2 after we got married) and then ended up making a small income (last year, final year of marriage) I suspect she made around $35-$40K - waiting on her financial disclosure)\ to confirm.

4) Her rationale of waiving SS was to get the equalization payment within a few days after separation and the idea was that we wanted to reduce legal fees and she was willing to sign on the separation agreement line if she waived her SS payments.

So going back to SS

For her:
Cohabitation - maybe $20k/year?
Beginning of marriage - no income
End of marriage <$35-$40K>

During this entire process, either her parents supported her (cohabitation) or I supported her -since getting married (rent, groceries, bills, all paid by yours truly). I'm going to guess that if anything this helps my case....thoughts?

*Yes, I realize not everything is cut and dry but that's my initial observations of which I will be conveying to a lawyer in 2 hours.
Reply With Quote