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-   -   Rights for Spousal Support (https://www.ottawadivorce.com/forum/showthread.php?t=17554)

randomjohndoe 05-13-2014 01:27 PM

Rights for Spousal Support
 
Hello again, everyone.

I've divorced myself a couple of years ago, now I'm helping a female friend to go through hers.

I have a bunch of questions.
Do you think the facts of domestic abuse by her ex- will/could affect judgment with regard to spousal support and/or equalization payment?

It is quite feasible to make an argument that his actions affected her professional development and thus he is financially responsible for it.

Otherwise, they both are working, and let's assume he makes 50% more.

Thank you in advance. She has a lawyer, but I'm not really happy with her (her client is unaware of many things) so I'm doing independent research.

FB_ 05-13-2014 01:39 PM

Quote:

Originally Posted by randomjohndoe (Post 170668)
Hello again, everyone.

I've divorced myself a couple of years ago, now I'm helping a female friend to go through hers.

I have a bunch of questions.
Do you think the facts of domestic abuse by her ex- will/could affect judgment with regard to spousal support and/or equalization payment?

It is quite feasible to make an argument that his actions affected her professional development and thus he is financially responsible for it.

Otherwise, they both are working, and let's assume he makes 50% more.

Thank you in advance. She has a lawyer, but I'm not really happy with her (her client is unaware of many things) so I'm doing independent research.

Equalization no, spousal I'm not sure.

Divorce in Canada is no fault

Berner_Faith 05-13-2014 01:44 PM

How did his actions affect her work? Did he not allow her to work? Does she have proof of this? Unless she gave up work for the family, her claim to SS may be limited.

HammerDad 05-13-2014 01:49 PM

As FB mentioned, divorce in Canada is no fault, so abuse will likely have no impact.

If your friend wanted to try and say the abuse hurt them professionally, they had better have evidence to back this up. Without evidence that their career suffered, the claim is bound to be dismissed.

As for whether they are entitled, that is based off of two criteria, compensatory or non-compensatory. If there are kids and your friend stayed home to raise them for years, they will likely have sound argument for SS. Non-compensatory is when there is a large difference in income. You said the STBX makes about 50% more, for easy numbers we'll use $75k and $50k. With that, I'd say there isn't much justification for non-compensatory SS as they make 40% of the net family income.

randomjohndoe 05-13-2014 01:56 PM

Thanks everyone. She's been on long term disability as a result of his actions now for a considerable period of time. She still has income and her position is awaiting her, though.

Oh well, then I guess she'll have to sue for damages in civil court.

FB_ 05-13-2014 01:58 PM

Quote:

Originally Posted by randomjohndoe (Post 170680)
Thanks everyone. She's been on long term disability as a result of his actions now for a considerable period of time. She still has income and her position is awaiting her, though.

Oh well, then I guess she'll have to sue for damages in civil court.

That's unfortunate and certainly something you could base a SS claim off of but I'm not sure how successful that would be.

Was he charged/arrested?

randomjohndoe 05-13-2014 02:00 PM

Quote:

Originally Posted by FB_ (Post 170682)
That's unfortunate and certainly something you could base a SS claim off of but I'm not sure how successful that would be.

Was he charged/arrested?

Not yet, but I expect that to change soon.

FB_ 05-13-2014 04:21 PM

Quote:

Originally Posted by randomjohndoe (Post 170683)
Not yet, but I expect that to change soon.

When was the incident?

If she's already on LTD I don't see this being a recent incident.

standing on the sidelines 05-13-2014 04:58 PM

Quote:

Originally Posted by randomjohndoe (Post 170683)
Not yet, but I expect that to change soon.

tread carefully with this. If the incidents were not reported when they happened then it may look like a bogus claim for court reasons.

billm 05-13-2014 05:05 PM

Quote:

Originally Posted by randomjohndoe (Post 170680)
Thanks everyone. She's been on long term disability as a result of his actions now for a considerable period of time. She still has income and her position is awaiting her, though.

Oh well, then I guess she'll have to sue for damages in civil court.

Mental or physical disability?

Physical - she should have filed charges and left him then
Mental - she should have left him then


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