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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 07-04-2009, 10:01 AM
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Hi all, new to the site with a question.
I've searched the topics, but couldn't find an appropriate answer so here goes.
i've been separated now for 6 years, the divorce will be finalized this year. She 'asked' me to leave after 25 years, she kept the house and contents, I still had to pay SS, but my question is for how long? I would like to retire in 5 years so what happens with the SS?
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Old 07-05-2009, 08:45 AM
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SS duration is not cut & dry.
You can have a clause put in your divorce agreement that states spousal ends when she remarries or co-habitates with someone else for more than 6 mos. Or a date that it ends.
This is only beneficial to you if she agrees and signs.
Otherwise you will be going to court with a Motion to end spousal and crossing your fingers.
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Old 07-05-2009, 11:06 PM
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If the court were to follow the Spousal Support Advisory Guidelines (Google it), you would be paying SS foreverafter a 25 yr marriage. If she remarries that would have an effect.
A question to consider is how equalization of property was handled. You said that she got the house. My question is do you have a pension plan and was it's value at the time of separation part of equalization. If it was and you start collecting your pension, to pay SS from the pension would be double dipping (search that on Canlii) ie she got half the asset and not wants to collect income from the asset. The court will not usually allow this unless the SS collector is in extreme financial hardship.

FN
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