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Typical clauses for ending spousal support

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  • Typical clauses for ending spousal support

    Money is the root of all evil pretty much.

    What are some of the typical clauses for ending spousal support?
    Which ones will judges go for?

  • #2
    I would say "death" but then any arrears of SS would be payable by deceased's estate to recipient. LOL.

    You are best to look at CanII.org to get some ideas. Go to Ontario then Superior Court of Ontario and then under 'document' type in "Order terminating Spousal Support" and you will see many cases that you can read.

    Comment


    • #3
      thank you. I went through the cases.

      If there is no clause or the parties can't agree on a clause what will a judge put into an order or later on rule if a request to terminate is requested?

      Things like the wife being paid moves in with someone else, children are involved.

      Comment


      • #4
        You cannot control someone who does not live with you (you shouldn't try to control someone who lives with you either).

        Read up on "material change of circumstances"

        Comment


        • #5
          Originally posted by arabian View Post
          You cannot control someone who does not live with you (you shouldn't try to control someone who lives with you either).
          will look up that other item.


          I don't know why you provided that other first item.

          Comment


          • #6
            Your obligation is not transferable. Your ex-wife moving in with someone else does not obligate them to support her in the amount the Court Ordered you to pay, especially if there are children/child support involved.

            Comment


            • #7
              Originally posted by tilt View Post
              Your obligation is not transferable. Your ex-wife moving in with someone else does not obligate them to support her in the amount the Court Ordered you to pay, especially if there are children/child support involved.
              They will be providing some support. Yes?
              They could be working at a Tim Hortons making much less than me or a rich stock broker making much more. It would make a difference. I just don't know what type of a difference.

              Comment


              • #8
                It doesnt make a difference. Unless you have a clause or end date in your agreement, expect to keep paying. Your ex spouse can move in with a millionaire, makes no difference. Your kids could have a new step dad who spends thousands on them, makes no difference. The courts don’t care. Yes it sucks but unfortunately thats the way it is. You are responsible for your ex and most definitely your kids.

                You need to decide if spending the money to fight and lose is something you want to do. There are very limited clauses that stop ss but most of them are specific and limited.

                Comment


                • #9
                  Originally posted by rockscan View Post
                  It doesnt make a difference.
                  That isn't what the guidelines here stated

                  https://www.justice.gc.ca/eng/rp-pr/.../spag/p14.html

                  14.7 The Recipient’s Remarriage or Re-partnering
                  In particular fact situations, usually at the extremes of these sorts of factors, we can predict outcomes. For example, after a short-to-medium first marriage, where the recipient spouse is younger and the support is non-compensatory and for transitional purposes, remarriage by the recipient is likely to result in termination of support. At the other extreme, where spousal support is being paid to an older spouse after a long traditional marriage, remarriage is unlikely to terminate spousal support, although the amount may be reduced.

                  Comment


                  • #10
                    Those are ADVISORY guidelines. In most cases remarriage is considered a material change but its at a judges discretion.

                    Will the new partner be permanent? Are they getting married? Can your ex depend on their income? Will this impact their lifestyle compared to what they had? The list of questions are lengthy.

                    Go and read through cases, this forum, lawyer sites etc. From what I have heard on here, ending spousal support is a challenge regardless of the guidelines or the case law.

                    Comment


                    • #11
                      I think you should focus on progress made to self-sufficiency. Step-down spousal support with decreasing support, based on minimum wage to start, and a specific review date (3 years is reasonable). Even in cases of "indefinite support" this is a reasonable approach widely endorsed by courts. There is much information/case law on CanLii.org

                      Comment


                      • #12
                        Family law is full of advisory guidelines. In fact that is what how Spousal Support is determined, the advisory guidelines.

                        I am not interested in steps made to self-sufficiency at this time. I can get to that later and that is much easier.

                        Yes, of course living with a partner changes a persons lifestyle if that partner is employed or even if they are not, there are financial expectations.

                        Need help here. Yes I have a lawyer but different lawyers will believe different things.

                        Comment


                        • #13
                          Originally posted by summersimmer View Post
                          I am not interested in steps made to self-sufficiency at this time. I can get to that later and that is much easier.
                          I'd take that easier route and become self-sufficient. You mentioned in a previous post you have 50/50 custody, why wouldn't you want to work with that parenting schedule?

                          Comment


                          • #14
                            Originally posted by summersimmer View Post
                            Family law is full of advisory guidelines. In fact that is what how Spousal Support is determined, the advisory guidelines.



                            I am not interested in steps made to self-sufficiency at this time. I can get to that later and that is much easier.



                            Yes, of course living with a partner changes a persons lifestyle if that partner is employed or even if they are not, there are financial expectations.



                            Need help here. Yes I have a lawyer but different lawyers will believe different things.


                            Your posts are all over the place with questions and are vague with limited info. To make it worse, you have your own interpretation of the law that works in your favour for what you want. None of this is going to help you or us give you advice. This forum is not full of lawyers you can poll for info. Its made up primarily of people who have their own experience and knowledge from their own cases. If you are looking for basis for your own argument, the search function will work as will a day on canlii. You say you have a lawyer but obviously don’t trust them to work in your favour. The attitude you’ve shown in other threads when people have commented has not been in the spirit of this forum.

                            People are trying to provide genuine advice based on their knowledge of the system. They have been through the courts and found that even though a law/guideline says one thing, a judge decides differently.

                            The best advice anyone can give you is to decide what you want, what the law says (including what case law says) and what you can settle for. what you settle for has to be reasonable. Otherwise you are just going to continue to spin your wheels and spend more money.

                            If you are looking for a way to continue to get ss indeterminately, you are going to be at a loss. It doesn’t always work that way.

                            Comment


                            • #15
                              My posts are fine and have decent info to get a general idea but you don't agree. If you gave me an example like you tried to do something similar or pointed to a post or case that would be great.

                              I come here for research purposes so I don't repeat the mistakes of others or so I can repeat the successes. I don't even know how those clauses I read in the case law get into the agreements and those cases are full of lawyers that made mistakes.

                              What is wrong with not accepting what you say as 100% accurate when the justice department's own guidelines say different? People refer to the guidelines all the time.

                              Comment

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