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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 05-03-2017, 11:04 AM
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Default Spousal Support request after the fact

Some scenarios of divorcing couples leaves me stunned. I consider myself lucky that both of us aren't out to lunch. Anyway, I am posting for a friend his scenario.

Wife is underemployed, would rather workout and spend time with her new boyfriend. She lives off husband's low wages putting them in debt. They acknowledge marriage is over and she stays for financial reasons. They have children, one in grade 12 and one in second year of college. Wife leaves on friday and stays with boyfriend on weekends. This goes on for over a year. She finds works but once again quits for the easy life. Wife leaves for good moving in with boyfriend and they sort out financial issues. Husband takes all debt, pays her a lump sum of money plus money gives her a bit for the house which they had to remortgage to pay off her debt. It was his family home that was sold to them for a song from his mother. Less than market value. His early inheritance. She won a lawsuit for a car accident 6 years ago and even though they needed to pay off debt she kept the money secretly hidden and husband has no idea where it is or how much is left. Children stay with their dad because living with mom in her two bedroom apartment with her boyfriend is uncomfortable. So, fast forward a year and ex wife and boyfriend are breaking up. Husband has moved on, got a great new job making double what he did, new girlfriend and his self esteem is improved, life is good. His children are happy and he isn't the shell of a man he used to be with his wife slinking off every weekend to be with her bf. Out of the blue, ex wife tells him she and bf are breaking up and she now wants SS from him because he now has a good job. Is this woman out in left field or would family court entertain this bs? The ex wife says she was so injured in an accident years ago that she can't work. She has held jobs after, works out every day for hours on a competitor level (all on FB), yet claims bad back. How long must someone be responsible for another even after having another live in relationship? Sounds ludicrous but now he is waiting on a letter from her lawyer.
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Old 05-03-2017, 02:27 PM
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So are husband and wife actually divorced? If they're still married, did they sign any kind of agreement at the time they settled the financial issues which addressed the question of spousal support? How long has it been since they separated?

If the issue of spousal support has never been raised before, and they've been separated for a while, and it only comes up when a new boyfriend appears on the scene, then I think her chances of receiving it are pretty low.
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Old 05-03-2017, 04:38 PM
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The answer is - It depends.

Are they legally divorced? Or is it "still in process", it makes a difference.

There are a number of factors involved in this. But the biggest will be "what have you signed". It will be harder for the ex to get anything if they've already waived entitlement. However, harder doesn't mean impossible.

In the meantime, don't give jack. They need to prove entitlement and then argue about the amount to be received.
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Old 05-04-2017, 11:21 AM
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They have signed a separation agreement. She signed off on title of the home, he assumed all the debt and paid her a lump sum. This was a year ago. She has lived with her boyfriend full time since then and now that they have broken up she has nobody to support her so wants her ex husband to pay for her once again. She is underemployed but will play the victim. Long story short she left her husband for another man and that didn't work out and ex husband has moved on and improved his life and now she wants a piece of it now that her and new relationship didn't work out.
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Old 05-04-2017, 12:17 PM
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How long were they married?

If she is successful it is unlikely that Order would be retroactive. Much depends upon wording of the separation agreement... did they both have independent legal advice...was there any contemplation of SS at time of separation agreement...

Probably good not to confuse equalization with SS.

Yes court will contemplate SS, particularly if they were married for some time, however, the onus is on the ex-wife to prove entitlement to one of the three basics of SS: compensatory, non-compensatory and need/ability for payor to pay. Certainly isn't cut-and-dried. At some point the ex-wife will have to provide evidence of attempts at self-sufficiency, particularly if she is young and able to retrain/upgrade education to re-enter workforce, etc.
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Old 05-04-2017, 01:15 PM
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Married 20 years. I think he understands perhaps he has to pay her something. He offered her 500 a month and she wants $2000. He only makes 75k.I guess we will see how it plays out. She needs to get a job.
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Old 05-04-2017, 03:57 PM
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tell your friend to take last 3 tax returns (for both him and his ex) and plug the numbers into the SSAG (government of Canada) and he will get an idea of what he will be paying. Depending on her age, he will want to look at a stepped-down amount with a review. At the review she would have to present her job-search/self-sufficiency activities.
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Old 05-04-2017, 05:02 PM
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You stated a lump sum spousal support payment was made. Generally, that means that there was an agreement that there would be no continuing SS. Hard to retract on that if the agreement is valid and solid.
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Old 05-04-2017, 05:25 PM
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The lump sum could have been intended as a SS payout but then it would have to be specified in the agreement as being SS and not part of equalization. In that case, the parties have agreed to SS entitlement. If there is now a change of circumstances (her being without income, for example) that may be validity for SS review. All in the manner in which the agreement was worded. Hopefully the parties had independent legal advice and didn't merely do this over the kitchen table one evening after pounding back a bottle of gin.
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