limit to SS length?

[dadonown]

I hear there used to be a guideline of sorts to the length of spousal support, but not there isn't? So, say married for 10 years, it would be from 5-10 years long after the date of separation. But now it no longer applies?

[Exquizique]

I hear there used to be a guideline of sorts to the length of spousal support, but not there isn't? So, say married for 10 years, it would be from 5-10 years long after the date of separation. But now it no longer applies?

It's still in use/quoted (0.5-1 year of support for every year of the marriage/relationship), but most judges apply their own interpretation quite liberally on a case by case basis.

[FightingForFamily]

It's called the Spousal Support Advisory Guidelines (SSAG). It's a guideline used by citizens and judges but it's not required like the CSG are. It provides a starting point for SS duration and amount and some rationale. We used it in my divorce.

[dadonown]

any idea what the common length of time given is? STBX is working now, earns about half what I do, was a "stay at home" until the separation.

[arabian]

Other factors are considered. Did your ex receive a lump sum/property settlement? Age of your ex can be a factor. Does she receive CS?

[dadonown]

She gets CS and received a very large lump sum from the sale of the house. Half of a fully paid off middle class suburban house. Mid 40s.

[arabian]

Then I would think she should have to prove entitlement for SS to court first. She has to show her being married and staying home with children left her in a disadvantaged state at the end of the marriage. Have a read through some decisions on CanLII for your province. She is young enough to re-educate/upgrade. If she gets any SS it would be miniscule.

[mom2three]

I am yet to come across a CanLii case that actually shows when SS should end once entitlement has been proven.

The ones have seen, doesn't mention termination date. Same goes for CS paid by step parents

The reason for that is the majority of 'cases' you find on canlii are motions, not trials. End dates are not typically ordered at a motion because it is a triable issue, based on conflicting evidence in affidavits.

And how many cases come down to a full flegged trial? Not a whole lot cause the lawyers have all the money before hand and most will settle before hand.

[dadonown]

That's the tough part...knowing what the common length is, cause much of it's done by agreement instead of judgement.

At this point it would cost more in lawyers and trial than paying the SS.

[OrleansLawyer]

I am yet to come across a CanLii case that actually shows when SS should end once entitlement has been proven.

Keep in mind, every family is different - and therefore, the need for spousal support will also be different.

[Links17]

With children there are very rarely termination dates, you have to just keep going back to court.

The judge will assess when the "impact of being a home maker" has worn off and she has been compensated for it and also that her standard of living is somewhat similar to pre-marriage within reason.

Also the equity of the house is not a lump sum in the definition of SS.

Also canlii.org DOES have judges decisions....