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  • Remarriage and Spousal Support

    I have searched and searched this forum for an answer here...so I apologize if this has been answered before.

    Here is the situation....

    I am separated (divorce to be finalized in the next 2 months) and am wondering about "what if I re-marry? Will the spousal support I pay to my ex increase if my new spouse has a great income or assets?". Please note that I am the one paying spousal support right now and not the other way around.

    Anyhow, I found a few threads that specifically says that my hypothetical new spouse's income has no bearing on any spousal support I'm paying my ex so I didn't bother posting the question.

    Then I noticed an article here on ottawadivorce.com that says "3. Spousal support - There is a possibility that the spousal support you pay to your former spouse may increase as a result of your second marriage. This is because one factor in deciding spousal support is your ability to pay. Since when you remarry your household may have additional income and shared expenses, your ability to pay may increase."

    (Link is Second Marriages)

    So...is there a simple answer to this? Two very conflicting answers...

    Thanks in advance!

  • #2
    A significant factor is the ability of both parties to pay as well as the reality of their living situation.

    However, if you are paying support based on a separation agreement or around the guideline amount I would not expect your ex to be successful in court.

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    • #3
      Thanks for your reply OrleansLawyer. It is spelled out in the separation agreement and I am paying in the mid range of the "guidelines". There is a clause that says it can change if she remarries or fails to become "self sufficient" though. I'm assuming that's for me to lower or stop spousal support.

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      • #4
        Originally posted by SingleDad12 View Post
        Thanks for your reply OrleansLawyer. It is spelled out in the separation agreement and I am paying in the mid range of the "guidelines". There is a clause that says it can change if she remarries or fails to become "self sufficient" though. I'm assuming that's for me to lower or stop spousal support.
        Self sufficiency is a broad term in my opinion and depending on the financial circumstances. My ex is self sufficient. She makes about 20/hr. She works 5-6 days per week where I work 5 at 40/hr. She took time off last year to lower her income and has impacted me on what I am able to pay including the CS. I'm bringing home 2800/month b/c my overtime was cut but also can't work it due to an enlarged heart. Anything after 8 hrs I need to rest. she beings home 6200/month with my 18 yr old and 21yr old at home with her both in school while one Also lives away out of town with billet parents playing jr. Hockey. Tell me where fairness is? I just found out she works under the table
        bar tending weekends to. Im close to finding out where. I did ask 2 lawyers about what if I were to remarry. They said as long as their incomes are in the high income bracket. My girlfriend makes the same as my ex. Nothing to worry about. I'm now waiting until the end of the year as I was told to apply for a change in circumstance b/c my income will be 20K less than last year. That will help me out greatlyand my oldest will be done school too. She's self sufficient so why am I paying SS? Trust me! I can't wait to get her off my back. She's quite capable on her own.

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        • #5
          Baffled Dad...my separation agreement states that SS can be reviewed any time after one year. My situation is maybe a little different in that I have sole custody of our daughter. She pays me child support and I pay her spousal support that is in the middle of the guidelines.

          She was unemployed for about a year after we separated, so her income is imputed at a very low amount. She is now working part time, so the amount wont change all that much in the current situation. My question was IF I re-marry, and my future spouse makes a good salary, will HER income be included on my side of things. That's where I hear conflicting information.

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          • #6
            My question was IF I re-marry, and my future spouse makes a good salary, will HER income be included on my side of things.
            By the way you are describing your situation I would expect your remarriage to have no impact on your support payments.
            Last edited by OrleansLawyer; 08-09-2012, 10:19 AM. Reason: typo

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            • #7
              If u don't mind me asking, what is your fiancés yearly income? My fiancé makes the same as my ex wife. My lawyer said if my fiancé was a chartered accountant, lawyer, doctor, business owner it could impact what I'm required to pay. If your ex remarries and there is a substantial amount her new husband makes equal to you or greater you would be off the hook. The lawyers have their calculations based on short and long term marriages. As you know this can impact ones duration of SS. The whole thing sucks greatly. As far as the children are concerned, mine are adults almost done school; I have no problem paying as long as they are in school.

              Comment

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