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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11  
Old 07-22-2011, 02:28 PM
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Quote:
Originally Posted by johnfraby View Post
Sorry for your situation, but please don't hijack my thread and instead start your own thread. Please delete your reply to my post and instead create your own post.

Thanks.
As a new member of this forum, you're probably unaware that new posters aren't able to start new threads for a specified amount of time. Most new posters aren't aware of it and out of frustration in trying to start a new thread end up simply replying to an already existing thread.

You may also be unaware that members don't have the powers to delete posts, and post editting is only available for a short period of time after the post is made.
  #12  
Old 07-22-2011, 02:40 PM
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Originally Posted by benoitc View Post
The separation agreement is a legal binding document even if it is signed outside the courts.

quick question - Not that I plan to or recommend this, but do you mean even if a serperation agreement was written out on a paper towel from the kitchen and dated/signed by both then this is a "Legal binding document"?
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Old 07-22-2011, 02:54 PM
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I guess it would be, and it has to be witnessed of course. The court will recognize a separation agreement. Only if a clause goes against an actual law would then overwrite it with their own rulling. Like in the case of child support or CCTB/UCTB (revenue Canada guideline)...
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Old 08-03-2011, 05:05 PM
Canadaguy Canadaguy is offline
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Some basic questions that need to be asked to prove entitlement for SS are:

1. Has the standard of living changed since seperation?
2. What is the need for SS based on a $50k income?
3. How would one benefit for a temperary SS amount?
4. What economical dissadvantages would one have by only making $50k without SS?
5. What job security does the person have?
6. What benefits and hours does the person work?
7. How long has the person been working with that company?
8. Has the person made employment sacrifices due to the relationship that have caused a lowe income?
9. Has the person been able to make gains in the company through promotions, overtime, etc?
10. Is the person self sufficient?
11. Does the person have any dissabilities or mental illnesses?
12. Has any undo hardship been created since seperation where the person requires extra income to support themselves?
13. How much in assets is the person leaving with after seperation? Is there a large amount of debt to be paid off?

Never say yes to SS because by doing so you agree to entitlement. Once entitlement has been proven then an amount can be negotiated. Also remember that CS is totally seperate but SS cannot be calculated until CS or a parenting plan have been finalized.

Remember, just because incomes are different doesn't mean the other is entitled to the other persons income. SS is suppose to help when help is needed.
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Old 08-03-2011, 05:59 PM
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Quote:
The situation is that although Spouse B is currently earning 50K/year gross and is self sufficient, during the marriage the spouse was entirely reliant on Spouse A -- ie: Spouse B went to school and Spouse A paid for all living expenses and child care expenses during this 2 year period. From an entitlement perspective, I'm not sure if this works in favour of Spouse A or Spouse B.
For Spouse A...it helps to prove that Spouse B made no sacrifices during the marriage, in fact it was Spouse A that would have sacrificed due to having to pay ALL household expenses during that time.

Essentially Spouse B got to go back to further their education, which may not have been possible without Spouse A earning a decent income. In that case, the education = a decent job afterwards (as shown by 50K), which means there should be no entitlement to spousal.
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Old 08-03-2011, 08:41 PM
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Thanks so much Canadaguy and NBDad (and others!),

Everyone has been not only extremely helpful, but also generous in offering their time to read and answer my question. And you have answered my questions precisely.

I really appreciate it!

JF
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