I am seeking some input on a spousal support eligibility issue. My ex and I were together for 17 years and married for 15 of those years. We had 2 children together and she brought 2 additional children with her from a previous marriage, I consider there children to be my own as well. We separated in October 2006 and are just now beginning to deal with the divorce.
While married we purchased a home and a small business together which we operated until her father passed away. Her father willed her a property and we decided to make our residence there. Our home and business were gifted to family members and my ex added me to the title on the inherited property. We lived together at the home willed to her by her father for 3 years before our marriage broke down. She requested that I remove my name from the land title as a show of "good faith" toward our reconciliation and I had this done, with no argument or legal council. One half hearted reconciliation attempt was made, lasting about 45 days. My name remains off the title, she has recently listed the property for sale and I have relinquished any legal right I have to the property. When I left the home all matrimonial property was left for her and our children. I took only my personal effects and my tools for work.
Since our separation I had continued to provide her with complete financial support. She had full, unlimited access to both my personal and business bank accounts. She was also a director and 50% shareholder of a limited corporation contracting company of which I was the other director and 50% shareholder. She moved another man into her home and I continued to provide unlimited support to her through that time. She broke up with that fellow and met another man who she is currently living with and is now engaged to. The engagement is what now spurs the divorce on. When she got engaged to the second gentleman in September 2009 I decided to quit providing unlimited financial support for her but I continued to pay extremely generous child support, at least twice the value as described in the federal child support guidelines.
In the time since our separation she has made no real effort to better her personal financial situation. She worked at a part time job in a retail position for two months and in now in school again, since January 2010. Her schooling is not toward any sort of viable employment at this time, it is high school upgrading only and she is unsure of her ultimate educational goal.
I do understand that, as an inheritance, I am not entitled to 50% of the property value. I believe that, here in Alberta, I am entitled to one third and I honestly do not even want that. I want none of it. I also understand that overpayment of child support is not a substitute for spousal support. She is currently demanding $1000 per month in spousal support to fund her education, claiming I "stole" her future from her when I asked her to marry me. She was a student when we met, taking high school upgrading courses with the intent to become a social worker.
Finally, here is my question. After freely walking away from $450 thousand in property, $50 thousand in matrimonial property and supplying $110 thousand in unofficial support over 4 years does she have the legal right to pursue me for more support?
Sorry for the long winded tale...
While married we purchased a home and a small business together which we operated until her father passed away. Her father willed her a property and we decided to make our residence there. Our home and business were gifted to family members and my ex added me to the title on the inherited property. We lived together at the home willed to her by her father for 3 years before our marriage broke down. She requested that I remove my name from the land title as a show of "good faith" toward our reconciliation and I had this done, with no argument or legal council. One half hearted reconciliation attempt was made, lasting about 45 days. My name remains off the title, she has recently listed the property for sale and I have relinquished any legal right I have to the property. When I left the home all matrimonial property was left for her and our children. I took only my personal effects and my tools for work.
Since our separation I had continued to provide her with complete financial support. She had full, unlimited access to both my personal and business bank accounts. She was also a director and 50% shareholder of a limited corporation contracting company of which I was the other director and 50% shareholder. She moved another man into her home and I continued to provide unlimited support to her through that time. She broke up with that fellow and met another man who she is currently living with and is now engaged to. The engagement is what now spurs the divorce on. When she got engaged to the second gentleman in September 2009 I decided to quit providing unlimited financial support for her but I continued to pay extremely generous child support, at least twice the value as described in the federal child support guidelines.
In the time since our separation she has made no real effort to better her personal financial situation. She worked at a part time job in a retail position for two months and in now in school again, since January 2010. Her schooling is not toward any sort of viable employment at this time, it is high school upgrading only and she is unsure of her ultimate educational goal.
I do understand that, as an inheritance, I am not entitled to 50% of the property value. I believe that, here in Alberta, I am entitled to one third and I honestly do not even want that. I want none of it. I also understand that overpayment of child support is not a substitute for spousal support. She is currently demanding $1000 per month in spousal support to fund her education, claiming I "stole" her future from her when I asked her to marry me. She was a student when we met, taking high school upgrading courses with the intent to become a social worker.
Finally, here is my question. After freely walking away from $450 thousand in property, $50 thousand in matrimonial property and supplying $110 thousand in unofficial support over 4 years does she have the legal right to pursue me for more support?
Sorry for the long winded tale...
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