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Old 01-07-2006, 08:51 PM
logicalvelocity logicalvelocity is offline
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Quote:
Originally Posted by Jenny
I have a question about how spousal support is typically addressed in a separation agreement

I have read the guidelines about amounts and duration of spousal support. The question I have is how is it typically awarded.With the spousal support is it given as a set amount? the percentage( the 1.5 or 2%) ? If it is based on a percentage, do they use your last years income to award the amount of the support and adjust the future year based on that? I expect my situation to change in the next few months and I don't want to constantly have the amounts adjusted but would rather have a set amount that could be increased or decreased even on a yearly basis.

Any clarification on this would be helpful :-)
Thanks
Jenny

Jenny,

Basically spousal support would be calculated on your current financial situation. You could incorporate cost of living increases (consumer price Index) as set by statistics Canada.

Can be found here at this link

http://www.statcan.ca/english/Subjects/Cpi/cpi-en.htm

Per say in the future that if your financial circumstances changed for the better or worse and or additionally your ex's financial situation changed for the better or for the worse, you would call this a material change of circumstances.

You could include some type of language into your separation agreement in regards to this type of circumstance that spousal support "Shall Be Reviewed" at the written request of either party if a "material change were to occur". You can also have clauses such as financial disclosure every 6 months etc to confirm that everything is status quo etc.

You could also have your separation agreement to remain intact but such issues such as spousal support could be amended at the agreement of both parties.

One thing to note that the federal spousal support guidelines are ADVISORY. The courts do not necessary have to apply the guidelines when making spousal support orders as it is not proclaimed law.

Basically it is your and your ex's separation agreement. It is a binding contract. You can incorporate any type of language terms etc in the agreement.

You have to ensure that the drafting and signing of the separation agreement complies to ensure that it is not voided by some technicality such as one party failed to get competent legal advise on the matters or the agreement was not properly witnessed, full and frank financial disclosure of both parties income, liabilities and assets did not occur.