Thread: Spousal Support
View Single Post
  #3  
Old 01-10-2008, 07:29 PM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Generally spousal support is awarded on a needs and means basis. Under the Divorce Act, there is no time limit to bring forth a claim of spousal support as the language provides for post Divorce.

See the Act:

http://laws.justice.gc.ca/en/showdoc...chorbo-ga:s_15

Quote:
COROLLARY RELIEF

Interpretation

Definition of “spouse”

15. In sections 15.1 to 16, "spouse" has the meaning assigned by subsection 2(1), and includes a former spouse.
R.S., 1985, c. 3 (2nd Supp.), s. 15; 1997, c. 1, s. 2.
If years elapse before the spouse brings forth a claim suggests in itself that they don't have need.

I would apply the spousal support advisory guidelines to see how you fair out. Remember that any periodic amount of spousal support paid under order or separation agreement is tax deductible to the payer where as child support is tax free to the recipient.

lv

Last edited by logicalvelocity; 01-10-2008 at 07:33 PM.