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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 11-10-2016, 12:42 PM
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Default How long do i need to pay spousal support?

Wife and i are planning to get divorced. We have been married for 4 years (both of us are 32 years old) with a 3.5 years old son.

We agreed on joint custody and the child is going to live with the mom (my parenting time mainly falls on weekends). Everything else including property division and child support are pretty much agreed upon. The only thing that seems a bit of gray to me is the spousal support. I am currently making $90K from my job and my wife is making zero. She has been a homemaker since we got married 4 years ago. She did somehow sacrifice the 2 of the 4 years to take care of the child so i can focus on my career but it's her choice not to work in the latter two years of the marriage (my son went to daycare when he turned two).

According to my lawyer, i probably need to pay her spousal support for two years (which is 1/2 of the length of marriage). However it's possible that the duration may get extended given the fact that she wants to chase some unrealistic business dreams rather than getting a full time job. Wife has a degree from a famous university and had about 2 years of work experience prior to the marriage. She also recently finished a one-year certificate program in design.

I am wondering if any folks who's been in similar situation could shed some light on what the duration of SS would normally be?
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Old 11-10-2016, 01:07 PM
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Lesson learned.....if you salary bracket is high, DON'T shack up with someone that earns zero. One has to protect themselves from potential SS

In the case of a 4yr marriage, ideally you are looking at 1/2 yr SS for each year of marriage. However, as you pointed out in your post above, you can find yourself paying SS longer if the other party decides to milk the situation with no intentions of getting a job.
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Old 11-10-2016, 01:31 PM
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Yeah, i really learned this lesson. However, i don't actually have a choice financially as my salary will continue to grow in the future while she is determined NOT to find a job (she wants to chase some unrealistic business dreams). In addition, she is actually the one who initiated the divorce.

If two-year of SS is at the lower end, what would the duration be for higher end? For a 4-year marriage, i am not looking at anything as crazy as 10+ years of SS, right?
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Old 11-10-2016, 02:12 PM
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SSAG with child support has the long-term duration set until your son turns 18, regardless of the length of marriage. We're in the same boat where the ex is refusing to look for work, and has claimed inability to work for various reasons including previous litigation, starting her own business, and now mental health.

Are you going through mediation/arbitration, or is this through the courts?
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Old 11-10-2016, 02:22 PM
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OMG, it's kind of scary. However SSAG is only a guidance right? In reality, i doubt that the court would order someone to pay SS for 10+ years for a 4 year marriage especially the recipient is only 32 years old and is highly educated.

We are currently working on a separation agreement and trying to avoid the court.
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Old 11-10-2016, 02:25 PM
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Her choice or not by letting her stay home you agreed to it. You advanced due to her being home, so chances are you will have to pay some SS. How long depends on the advise you get and proper wording in any agreement.

1- it is up to the other party to prove entitlement to SS

2- if there is SS firm end date plus SS ends cohabitation 1yr or marriage

Suggest you look at case law on similar situations, it will give you an idea of what to expect if it drags out.

Why are you not doing 50/50 access for child?
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Old 11-10-2016, 02:39 PM
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Could you please point me to a direction as to where i can find the case laws?

I am actually thinking about fighting for the 50/50 (called shared custody, right?). Let's say if i did get it, would i lose it in the future if can't take care of the child 50% of the time? (will try my best but it's kind of hard to guarantee 50% of parenting time as i have a job after all).
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Old 11-10-2016, 02:42 PM
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If you don't exercise your parenting time on a 50-50 basis yes you can lose it. Many, MANY parents have jobs and still maintain a 50-50 parenting schedule. If you don't get this now, you will have a hard battle in the future. Your son is old enough to be in day care on your time, that will also allow mom to find at last a part time job.
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Old 11-10-2016, 04:31 PM
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Quote:
Originally Posted by littlemonk View Post
Could you please point me to a direction as to where i can find the case laws?

I am actually thinking about fighting for the 50/50 (called shared custody, right?). Let's say if i did get it, would i lose it in the future if can't take care of the child 50% of the time? (will try my best but it's kind of hard to guarantee 50% of parenting time as i have a job after all).
http://www.canlii.org/en/on/onsc/

select your province
select court

type in search words under "document text." In your case "short term marriage spousal support" or "married 4 years spousal support" or "short term marriage spousal support quantum" and so on....

Spousal Support is typically addressed near the end of the document.

Here is a case which I obtained from CanLII using the above-mentioned parameters:

http://www.canlii.org/en/on/onsc/doc...&resultIndex=4

Before you know it you will be searching like a Pro - good luck!

Last edited by arabian; 11-10-2016 at 04:36 PM.
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Old 11-10-2016, 04:43 PM
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Quote:
Originally Posted by littlemonk View Post
We agreed on joint custody and the child is going to live with the mom (my parenting time mainly falls on weekends).
So, you are a terrible parent, and only the mother is capable of raising your child. What is wrong with you? Do you not want to be with your child?


Quote:
Let's say if i did get it, would i lose it in the future if can't take care of the child 50% of the time? (will try my best but it's kind of hard to guarantee 50% of parenting time as i have a job after all).
Either you are a parent or you are not. Either you make it work or you don't. Every divorced father that I know with 50% time works full time, and we just make it work. Perhaps our careers don't take an optimal trajectory, but we are fathers first.

Be a father.

This post has been heavily edited, my original version was very mean. You're welcome.
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