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Financial agreement RE spousal support

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  • Financial agreement RE spousal support

    I got divorced a couple of years ago after 20 years of marriage. At the time of the divorce my ex had ben unemployed for several months with no clear intention of securing a stable source of income.
    Fortunately, when we separated he agreed to settle our financial affairs by dividing our assests 50-50 without asking for any additional spousal support from me to him...(which I would have had to give him since I was employed and earned a monthly income while he didn't)
    He is currently only working part time, and being quite picky with the jobs he is willing to take. I am not sure about his ability to earn enough to support himself in the future, and am concerned that at some point he may question the divorce's financial agreement and force me to support him financially
    Am I at any risk of having the divorce financial agreement revisited/changed due to his current circumstances?

    Even though we have now been divorced for 2 years, I can't help but worry that he may have financial claims....In short, my question is: how final is the financial agreement signed at the time of the divorce?

  • #2
    Does the divorce judgment have a clause about spousal support?

    Am I correct in assuming that you both had independent legal advice?

    If your spouse had regular continuous income over the period of the marriage, particularly the last 3 years, it might be factored into any spousal support claim calculation. If he didn't work 3 months prior to the separation/divorce it probably wouldn't make much difference unless his unemployment was medically related.

    How is your ex currently supporting himself?

    More information is required.

    Comment


    • #3
      He would certainly be imputed a wage equal to what he could expect to earn working full time with whatever skills and experience he has.

      For agreements to be reopened there generally needs to be an unforseen material change in circumstance. If he was unenployed at the time, his current income level could hardly be called unforseen.

      Like arabian says, your agreement should have had clauses waiving support with a slew phrases that prevent the issue being reopened. Check what it says.

      Comment

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