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Old 07-23-2017, 11:14 AM
Aghast Aghast is offline
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Disclaimer: I am not an expert. I am not a lawyer. I am just going through this now and this is what I have gathered from my case law research.

Spousal support. What a tangled web.

Spousal support has three facets; compensatory, non-compensatory and contractual.

Compensatory is support for a spouse who has made sacrifices to their career during the marriage for the children or the partner. What they make today doesn't always need to be considered for compensatory support. The court is looking to compensate the spouse for opportunities lost, or if they contributed to their spouses career, award them with some of the benefit of that contribution.

Non-compensatory support looks at need, means and conditions. The spouses current wage plays a part in this assessment. They need to show need and that you have means to pay. To make it more confusing need isn't the defined version, need to the court is weighed against the standard of living enjoyed while married. So someone making $100,000 a year could still have need if their partner makes millions and they enjoyed a lavish lifestyle.

Contractual is what you have now. (I don't know a lot about contractual because it doesn't pertain to me so I skip most of that reading) However, I think that your ex has to first Move to have your agreement set aside. She will have to have a reason to do so and not having a lawyer's advice is a lot of times a good reason unfortunately. But, she will have to explain why it took 3 years to complain about being manipulated into signing. I would imagine that would be a tough one, I haven't read any case law on that situation but I have read enough to know that Judges are suspect about accusations, that an average person would bring forward in a reasonable amount of time, are brought up a long time later.

Read case law. CanLii.org Start with Bracklow v. Bracklow,
Leopold v. Leopold (my note on it states contract variation but I can't remember what it said)
Lees v. Lees (my note states separation agreement variation but I didn't read this case law)

Hope this helps
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