Spousal support with CS and Section 7 consideration

[hubby]

If after taking CS and section 7 expenses into account that spousal support is deemed not applicable, what happens down the road when section 7 expenses are reduced ... is spousal support able to be taken into the equation at some point in the future?

What really is the benefits of paying spousal support to both the recipient and more importantly ... the payor?

Hubby

[logicalvelocity]

hubby,

Under the Divorce Act, there is no time limit for spousal support.

http://laws.justice.gc.ca/en/D-3.4/235064.html

The language in the act specifies this even beyond divorce

COROLLARY RELIEF

Interpretation

Definition of “spouse”

15. In sections 15.1 to 16, “spouse” has the meaning assigned by subsection 2(1), and includes a former spouse.

R.S., 1985, c. 3 (2nd Supp.), s. 15; 1997, c. 1, s. 2.

If there is no longer a requirement to make section 7 expenses, ie: children all grown up, depending on the circumstances such as one party still has need and the other party has means, I could possibly see spousal support being paid. However, the longer the time is elapsed before bringing forth a claim from separation, the less chance the court would order.

This is why a lot of parties insist that the sum of 1 dollar be paid initially as spousal support in separation agreements. This seems innocent enough, but could come back on you as Spousal Support has been established.

Look up miglin and moge, 2 SCC leading cases when it comes to spousal support.

LV

[logicalvelocity]

Hubby,

Moge v. Moge

http://www.canlii.org/ca/cas/scc/2003/2003scc24.html


Bracklow v. Bracklow

http://www.canlii.org/ca/cas/scc/1999/1999scc15.html

and

Miglin v. Miglin

http://www.canlii.org/ca/cas/scc/2003/2003scc24.html


LV

[Grace]

You can address spousal support in your separation agreement. Something like this:

The Applicant, Mrs. Hubby, waives all claims to spousal support from the Respondent now and forever, regardless of any changes in her financial or other circumstances, foreseeable or otherwise.

[logicalvelocity]

What really is the benefits of paying spousal support to both the recipient and more importantly ... the payor?

Hubby

Pros and Cons

One of the primary benefits of spousal support would be to the recipient spouse to contribute to their own self sufficiency and contribute to the support of the children.

One benefit to the payor would be that its tax deductible, as long as it is periodic payment and NOT lump sum.

lv

[hubby]

LV and Grace,

Thank you ...

Hubby