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What determines spousal support

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  • What determines spousal support

    using the divorce at software and ssag guidelines and 13.1 how is spousal support determined?

    I thought I read that is is mostly determined by section 7 of 13.1

    Any other thoughts?

  • #2
    Spousal Support in Ontario

    Lots of great information on SS there.

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    • #3
      Hoping for more detailed understating on how divorcemate comes up with its answers

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      • #4
        Are you getting a big difference from the detailed calculations described in the SSAG?

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        • #5
          Just want to understand it better,

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          • #6
            How much does income after separation affect spousal support numbers

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            • #7
              When negotiating SS, you use your current income, unless there is a certainty that it will change in near near future e.g. starting new job in 1month. Otherwise, ordinary raises and bonuses are not considered. Major changes in circumstance like disability, job loss, retirement may be enough to revisit the SS agreement. The agreement may indicate what types of circumstances may be considered for review, or perhaps that NO review will be considered ever.
              Last edited by dinkyface; 11-11-2014, 02:25 PM.

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              • #8
                You've been posting on this forum since 2012, have had legal representation, and you don't understand how SS is calculated?

                Really?

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                • #9
                  What if my income has increased 30% since our temporary separation agreement was signed. Would my income when we separated be used or mh new income since we separated

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                  • #10
                    Originally posted by arabian View Post
                    You've been posting on this forum since 2012, have had legal representation, and you don't understand how SS is calculated?

                    Really?
                    It is the specifics I am interested in. Not the online calculation but what divorcemate uses

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                    • #11
                      Divorce mate is a calculator. Your question appears to relate to what numbers to plug in, not the formula.

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                      • #12
                        Your question has no clear answer. See here for what I saw referred to as the landmark case on whether post-separation increases in income should be considered when determining ss. It's a long case - what you want is about 3/4 the way down.
                        CanLII - 2009 BCSC 698 (CanLII)
                        Additional searches in canlii for "spousal support income increased after separation" will give you more cases to read.
                        Last edited by dinkyface; 11-11-2014, 04:41 PM.

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                        • #13
                          Originally posted by yellman View Post
                          How much does income after separation affect spousal support numbers
                          A lot.

                          With child support it is complicated but without child support is basically a percentage of the difference between your incomes.

                          In some circumstances if post-separation income is dramatically different from pre-separation, there can be an exception, but the presumption is that incomes at the time or resolution will be used (i.e. post-separation, and quite far post-separation for problem cases).

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                          • #14
                            CanLII - 2012 ONCA 709 (CanLII)

                            "Automatically sharing post-separation increases in income as akin to treating a job as if it were a family asset, shareable in specie. Rather than doing so as a matter of course, courts should investigate whether there is sufficient relationship between the increased income and the payee’s efforts during marriage to justify allowing him or her to share in the increase."

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                            • #15
                              I would also argue that the increase in itself might not be a significant change of circumstances to warrant a modification.... however since you stated it was an "interim" agreement this technically isn't a modification.

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