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Spousal Support, Mandatory or Voluntary

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  • Spousal Support, Mandatory or Voluntary

    Good day All,

    I have a question I have been desparately trying to get asnwered. I have searched the net without any success and rather than asking a mediator or lawyer that will charge me $100 for the answer I figured I would put it here. Is Spousal Support mandatory or voluntary? I know that Child Support is mandatory, for obvious reasons, however there is not clear cut answer I can find for SS.. Our mediator was expressing what the amounts would be and they are not high at all, for SS, and at that point my soon-to-ex starting freaking out. Arguing that he will not pay SS, will not agree to it and will fight to the end not to have to pay it (that he doesnt agree and will not agree in the future)


  • #2
    I'm not too sure but I think that if you don't get anything when you divorce, don't get any share of the assets. then he has to give you spousal support but if you get your share of the assets then you don't get SS. might be wrong but I think this is so!


    • #3
      I was just as upset about the notion of giving my ex SS as well, but there really isn't anything that can be done about it. It's 100% non-voluntary. If I don't agree to an amount, one will almost certainly be slapped on me by the courts. He can throw all the hissy-fits he wants, but it won't save him. All it's going to do is delay the inevitable, so long as you pursue it in court.

      SS eligibility is a very confusing thing to determine, but essentially if one spouse is doing appreciably better than the other then they will attribute SS to the poorer spouse to balance things out and given them a chance to improve. How much and for how long? Who knows. They have formulas to determine a range of monthly amounts, but in the end a lot of it is up to the judge.


      • #4
        Actually, assets and any payments (IE SS) are separate issues, but I think you may be referring to lump sum payments thus voiding any claim for SS.

        Generally, depending on length of the relationship, whether children are involved, and what was lost as a direct result of the marriage and subsequent divorce, then SS would be calculated. Assets and debts, IMO, should be a 50/50 split unless it can be unequivocally proven that something was an inheritance, or debt not shared.

        CS is a given of course, but SS is not and rides on numerous factors, based primarily on ones ability to pay and the other's need, these being the deciding factors after they determine all the bases names above.


        • #5
          All of this kind of doesnt answer my question, I being lead to beleive that SS is voluntary and the CS is not. Our income brackets are only about 200 apart (monthly after tax), so the calculation makes it easy to see that the amount would be small anyway, but I would like some information on whether it is mandutory or not. I dont want to spend thousands of dollars on a lawyer when all the while this isnt mandutory, why bother? So, back to the question, is it mandutory or not? I dont know..

          Thanks for everyone's input...


          • #6
            The fact that people have to be ordered by the courts to pay SS suggests that it is not voluntary at all.

            On the other hand, SS can be agreed by parties by themselves outside the courts, suggesting that SS can be voluntary.

            Perhaps you could rephrase your question. I'm not sure what you are trying to ask.


            • #7
              If your incomes are no more than $200 apart, and any assets have been dealt with, I do not see a court ordering SS in any capacity.
              “Dadtotheend” stated it pretty clearly.

              SS is NOT a given, it waivers on far too many factors to be a simple matter of saying you make this, therefore you’ll pay. Adults have the onus to support themselves and any children there of, beyond that the onus is to support your "spouse or CL Spouse" to the best of your ability when they are incapable of doing so themselves, or they forfeited something or lost something directly because they were married and/or divorced.

              Your incomes are far too close for me to think that a court would accept a claim for SS.


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