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Old 05-14-2010, 09:45 AM
mom2three mom2three is offline
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Spousal Support Advisory Guidlines are not legislated but are intended as informal guidelines to help determine the amount and duration of spousal support. They do not deal with entitlement but only the amount and duration. I am assuming there are no children involved, so the calculations for spousal support, based only on the information you have given would be as follows:

Determine the gross income difference between the two parties:
$80,000 - $33,000 = $47,000
Determine the applicable percentage by multiplying the length of the marriage by 1.5 to 2% per year:
1.5 X 9 years = 13.5%
2 X 9 years = 18%
Apply the applicable percentage to the income difference:
13.5% X $47,000 = $6345/year ($528.75 per month)
to
18% X $47,000 = $8460/year ($705.00 per month)
Duration of spousal support = (.05-1) X 9 years of marriage = 4.5 - 9 years

The result under the formula is support in the range of $528.75 to $705.00 per month for a duration of 4.5 - 9 years

Now that you have the "formula amounts" you need to understand that these are very generous amounts. But they certainly give you a basis for further research on the matter. Spousal support factors, under the Divorce Act is as follows (s. 15.2(4)):
a) length of time the spouses cohabited
b) the functions performed by each spouse during cohabitation
c) and order, agreement or arrangement relating to support of either spouse
Now, for further research, check out CANLII referencing spousal support without child support. From this you can decide what direction to might like to take and bring such information to your lawyer for his advice.

As for your wife making comments about your lawyer, gee, I think that happens in every case. Don't take this stuff personally. Quite frankly, I think your lawyer did you a great service in telling you to do your own research etc. and has subsequently saved you tonnes of money. One must remember that the lawyer advises, the client instructs. The lawyer has advised you to do your research. Now you have some basis to make an informed decision and you can thus instruct him to work on your behalf. Sadly, most don't understand that relationship.