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Spousal Support
Hi - I am not separated but am considering it. I would like more information before I can make my a decision. I am the only one working, my spouse was diagnosed with MS 3 yrs ago, shortly after he was laid off from his job. To speak with him, or observe him, you wouldn't know about the MS. Am I considering leaving because of the MS - no! I'm just not happy due to other factors. My question - if I pursue the separation/divorce how much spousal support would I have to pay?
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Hi mrix and welcome to the forums!
You can find some general information about spousal support here:
http://www.ottawadivorce.com/spousalsupport.htm
You can find some information about amounts of spousal support here:
http://www.ottawadivorce.com/how-much-spousal.htm -
Clarification
Jeff,
On the site it says:
3. Two children living with spousal support recipient. In these cases, the spousal support recipient generally receives 55 percent of the net disposable income.
Where net disposable income is income after deductions for income tax, EI, and CPP.
Is this to say for example that someone with a yearly gross income of $78000 would pay apprx $1100 in CHILD SUPPORT for 2 children PLUS 55% of the net disposable income? Or is the 55% INCLUDING the child support?
If the payor only keeps 45% and then has to pay child support out of that 45% it seems like an awful lot!Comment
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The figure is 55% of the family's net disposable income. So, it's whatever income the spousal support recipient has + child support + whatever spousal support is necessary to bring the figure up to a 55% share of the family income.Comment
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clarification
Thanks Jeff. That makes more sense.Comment
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Spousal Support
I was reading with interest the discussion on spousal support because my husband was hoping to end payments to his ex wife. His first marriage lasted less than 10 years and ended more than 10 years ago. At the time he agreed to pay spousal support for one year. At the end of that time he was "forced" to continue paying for another 10 years. He was told to pay 1 year for every year of marriage. Payments were to end next fall. (He has one child in university and another that is finished school.) Recently we had new wills drawn up & the lawyer (who is not experienced in family law) said that if my husband dies first, I will have to continue making support payments. Is there any chance of ending spousal support payments and is it true that I will have to continue payments if my husband should die first?Comment
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No, you won’t be required to pay spousal support for him; but his estate *may* still owe spousal support.
Normally, there’s a provision about life insurance in any agreement or court order about spousal support - see:
http://www.ottawadivorce.com/li.htm
The clause would basically say that the life insurance is in full and final satisfaction of any spousal support obligations.Comment
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Where can I find mention of this 55% vs 45%? Is this somewhere on the government's website? Is this the norm amount for the custodial parent who is earning the smaller wage?Originally posted by JeffComment
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These are just statistical averages based on examining many cases in Ontario. The article is hereOriginally posted by beltane
http://www.ottawadivorce.com/how-much-spousal.htm
There's no law stating that this is how it's done - behind every average is a whole range of factual situations and judge's opinions as to the philosophy of spousal support.Comment
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Future considerations
Well, you'll always be the bad guy on this one. No matter what the real reason, some of your friends and family will believe its because of the MS. Better chalk up those costs as part of the thought process.Comment
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