No announcement yet.

Order of Operations - What's Next?

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Order of Operations - What's Next?

    Brief background - been living apart for 4 years (no separation agreement). Funds from sale of matrimonial home sitting in trust with real estate lawyer. Finally obtained financial disclosure 2 weeks ago after trying for a year. Party opposite lawyer sent e-mail to my lawyer making a claim for spousal support (first time we have heard of such in 4 years - no children involved). Separated 4 1/2 years after marriage.

    After hearing of this support claim we served them with papers last week and I am now wondering what's next? At the present moment in time I am only concerned about getting the divorce itself granted (the $ can sit in trust for as long as it takes). Does anybody know what the next steps are depending on whether she files and answer or not in the aloted 30 days? Thanks....

  • #2
    Once you get separated and move out of the matrimonial house any spouse can't claim spousal support after two year time period.Although i am sure but you should confirm it from lv and spadax


    • #3
      Under the Divorce Act, there is no time limit for corollary relief such as spousal support.

      The language is clear,



      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.

      The term former applies even after a Divorce has been granted. However, the longer a person waits before bringing forth a claim, the weaker the case is for same.



      Our Divorce Forums
      Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.