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Old 05-18-2008, 07:49 PM
Sandra Sandra is offline
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Join Date: Apr 2008
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Default Separation Date - Tricky Question

STBX and I having difference of opinion regarding date of separation for purpose of the one year waiting period. He's in the Army and served in Afghanistan from June to December of 2007, so we were physically living "separate and apart". However, he was collecting separation pay from the military which is an extra allowance based on compensating soldiers for when they are separated from their dependants (just me, we have no kids) for military reasons. He's claiming that since we were living apart from June onwards, the date of separation should be backdated to then.

My argument is that he can't have it both ways, he can't claim those six months as living separate and apart for the purpose of the one year waiting period, but at the same time be collecting an allowance from the Canadian government (fraudulently?) based on the hardship of being forced to live separate and apart from his wife for military reasons. I would like to have the separation date start counting from December 2007 to give myself a few months extra time to improve my financial position and get my life organized. He's the one pushing for the divorce by the way, it was never my idea, he got involved with someone else.

Any advice would be appreciated.