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  • Fighting SS

    Can anyone offer me a check list of the all the things I need to prove regarding spousal support? As an example I have to prove that ex does not have "need"

    What are the other factors I need to prove? Just wanting to cover all my bases with a check list so that I can start preparing for trial.

    Thanks

  • #2
    @rainman......

    all the things I need to prove regarding spousal support? As an example I have to prove that ex does not have "need"
    Spousal Support Claim

    - It should be part of your argument that your ex is/was capable of being self-supporting and that any "need" she feels is not a result of the marriage or the break-up.
    - Onus is on her to demonstrate the "need"
    - Disparity in income is not the sole argument for SS
    - the Respondent has not experienced any significant economic hardship or decline in standard of living from the marriage breakup

    Cases Against:
    - Lamothe v. Lamothe (2006)
    - J.J.G. v. K.M.A., [2009]
    - Lam v.Chui, [2008]
    - Beaudry v. Beaudry
    , [2010]

    Comment


    • #3
      What basis is your ex relying upon to revisit SS?

      Comment


      • #4
        Am guessing it's the "just because" line?

        BC back in March 2013 pulled this stunt:

        Under the new Act, couples in common law relationships will have many of the same rights and obligations as married couples upon divorce, including a 50-50 division of assets and debts.

        What does this mean for couples in BC? In an article for the National Post, Tristin Hopper writes that “thousands of ‘roommates with benefits’ and shacked-up lovers” will henceforth, in the eyes of the provincial government, be viewed as married.
        Note:
        This means that young couples who cohabitate will be entitled to make claims under the new FLA.
        Ontario folks:
        For example, in Ontario, couples are considered common law after cohabitating for a minimum of 3 years, as opposed to the 2-year requirement under BC law.
        The fast one that some people try to pull, don't be hoodwinked:
        Alison Sawyer, author of the legal guide, “If You Love Me, Put It In Writing,” advises having a “full and frank discussion about your finances and your willingness to share.” Further, you may wish to protect yourself with a marriage contract (otherwise known as a pre-nuptial agreement).
        Source

        Comment

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