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Spousal Support

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  • Spousal Support

    Question for LV:

    My divorce was settled back in December 2006..over a year ago, but one question always bothered me.!

    I have my three children living with me (their father), they are up in their years now (17, 20 & 22) & attending school, but my spouse pays no child support or any support of any kind.

    During the heated battles of settling,,, their side had always threatened "spousal support" if I went after Child support. they explained that spousal support last forever while child support terminates.!

    Can you please clarify the inner details of "Spousal Support" what scenario do you pay & for how long. (i.e. income based)


  • #2

    As per the respective ages of your kids it seems thatyou had a long term marriage( 15+ yrs) .The child support ends once the kids finish their university or start living out of the parental control whichever comes first.About the spousal support Its really hard to guess anything.If she was a homemaker throughtout the relationship then yes lifetime spousal supports can be ordered.There are other considerations too like if she was working then whats the difference in salaries etc etc


    • #3
      Generally spousal support is awarded on a needs and means basis. Under the Divorce Act, there is no time limit to bring forth a claim of spousal support as the language provides for post Divorce.

      See the Act:



      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.
      If years elapse before the spouse brings forth a claim suggests in itself that they don't have need.

      I would apply the spousal support advisory guidelines to see how you fair out. Remember that any periodic amount of spousal support paid under order or separation agreement is tax deductible to the payer where as child support is tax free to the recipient.

      Last edited by logicalvelocity; 01-10-2008, 07:33 PM.


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