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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-16-2015, 03:34 AM
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Originally Posted by nogoingback View Post
I think your lawyer(s) are correct in that it may be too soon.... to terminate SS. However, it would probably be worth pursuing an end date no later than three quarters of the length of the marriage, and/or a step-down phasing out of SS.
No agreement is going to mention whether the SS is compensatory or not, but it is a very important determination and it is mentioned in many decisions on Canlii. Based on your other posts, it would appear (sadly) that your's is more compensatory- i.e. it compensates her for the length of time she was out of the work force and giving up the opportunity for career advancement, taking care of the children etc. Your's is a mid to longterm marriage, and the longer the marriage, the more "compensatory" the SS. Non-compensatory is meant to be more transitional, in that it helps an ex spouse get back on her feet after what is typically a short marriage, without kids, at a relatively young age with lots of future earning potential etc.
The thing you do have going for you is that your ex is working and has been for some time. The fact that she has demonstrated that she is or could be self-sufficient is huge, and could very well translate into a step down decision. There are many on here who are continually frustrated by ex's who chose to remain unemployed, so you are comparatively speaking in a good spot.
What was her salary when you separated? Has it increased significantly since? If so, you should be entitled to some relief, particularly if she remains "underemployed".

You should definitely be exchanging financials, and you do not need a lawyer to do this. If she is not responding to request for financial disclosure and you are in Ontario, use Form 20. Look at this thread for info:
To save money, you can do some of the paperwork yourself. However when you need advice or want a lawyer present if your case makes it to trial, you can hire a lawyer as an agent as opposed to hiring a lawyer "on record". Hiring a lawyer as an agent allows you to remain unrepresented. All correspondence would go through you rather than your lawyer, thereby keeping costs down. It is not for everyone. It is a ton of work with lots of landmines, but doable.
Her salary or yearly should be $40-42K yearly. It could be as high as $52k working overtime but that's her choice. I hardly work overtime myself. I work steady mid nights and can't stay awake past 8 hrs.
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