support after divorce finalized????

[lukas]

Hi There,

My wife says she is not going to contest the divorce. There are no kids, and all of the property has been divided (nothing signed).

My question is:

Can my wife come after me for spousal support after the divorce is finalized?

[logicalvelocity]

lukas,

as you mentioned,

Can my wife come after me for spousal support after the divorce is finalized?

yes, if she has "need" and you have "means".

see the language of the Divorce Act - http://lois.justice.gc.ca/en/D-3.4/index.html

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.

As you see the language in the Act includes the term "former spouse". There is no time limit to bring forth a claim. However, the longer one goes without bringing forth a claim of spousal support, they have a more difficult time to prove need. Time is of the essence.

lv