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  • Spousal Support - date of cohabitation

    Hello,
    Recently joined the forums would appreciate help/advice on this following matter:

    - ex and me started living together in my condo Sep06
    - we sold it in August07 and started living with my parents
    - we moved into our own home in Nov07
    - married on Aug08
    - separated on Mar12

    My question is what should be the starting date of co-habit for the purposes of Spousal Support?
    Does the period between Aug07 to Nov07 mean we were not co-habiting anymore? (my previous lawyer thinks not, i.e. the start date should be Sep06)

    The goal behind this whole exercise is to prove that we had a short marriage/co-habit, under 5 years.

    thanks,
    PoH
    (btw, I know I share a similar username with another member, I have asked the mod to change mine to remove any confusion, good to know another person thinks like me

  • #2
    Did you BOTH reside with your parents? If you did, then that period would be a continuation of your living together and the date you cohabitated would be Sept 2006 until March 2012. Making the duration of cohabitation of 5.5 years.

    Comment


    • #3
      Thanks. Yes we both moved into my parents house from Aug2007 to Nov 2007.

      A follow up question, will the courts view this as a "short" marriage or is there a hard cutoff at 5 years.

      Comment


      • #4
        It will likely all depend on what arguments each put forth.

        What is your concern if it is not a short marriage? Spousal support duration or if they may be entitled at all?

        For spousal support, they would first have to argue that they are entitled to support to begin with. That they sacrificed wages/career advancement for the relationship. Or that they would be significantly economically disadvantaged due to the divorce. Once they establish entitlement, then you start talking amount/duration etc.
        Last edited by HammerDad; 01-08-2013, 04:07 PM.

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        • #5
          Thanks HD.

          Yes I agree, my strategy is to first focus on entitlement. Cause her salary even though is roughly 1/3rd of mine; it actually increased over the duration of the marriage and she also completed a better part of her education.

          But in case I loose the entitlement argument I want to limit the spousal support duration (they are asking for 16years!)

          Comment


          • #6
            Originally posted by PursuitOfHappyness View Post
            (they are asking for 16years!)
            They can ask for a lot of things....doesn't mean it is realistic or they will get it.

            Unless the marriage is a long term marriage, over 20 years and/or they meet the rule of 65 (age + duration of marriage = 65+) the duration for SS is 0.5 to 1 year of SS for each year of marriage. So at max, you should be looking at 5.5 years.

            Now, if she is disabled or there is some sort of other reasonable explanation that may require extended ss, that is another story.

            But for an otherwise able bodied person to want ss for 16 years for a 5.5 year marriage/cohab is rediculous. I'd tell them to get bent. State that you don't believe they are entitled and should they prove entitlement that you will may consider 3 years of SS at the mid-low rate.

            Have you put your numbers into mysupportcalculator.com to figure out what ss would be if anything?

            Comment


            • #7
              Thanks, did not know about the rule of 65. I will definitely use that.

              According to their DivorceMate calculations its between $1300 to $2200.

              What I find amazing is how unreasonable they can be. I have no problem paying the CS, but for the SS claim I feel they are really out to lunch...

              It is such a fine line between love and craziness/hurt/anger.

              Comment


              • #8
                Originally posted by PursuitOfHappyness View Post
                Thanks, did not know about the rule of 65. I will definitely use that.

                According to their DivorceMate calculations its between $1300 to $2200.

                What I find amazing is how unreasonable they can be. I have no problem paying the CS, but for the SS claim I feel they are really out to lunch...

                It is such a fine line between love and craziness/hurt/anger.
                I think that when kids are involved the SSAG extends the possible range of support to include when the child turns 18 (or perhaps 22). That is why the 16 years of SS is being suggested I believe.

                I wish SSAG handled this better and did not mix SS with CS.

                SS should be determined first, based on the circumstances of what happened in the marriage, and be independent on where there were kids or not.

                After SS is determined, then CS should be determined considering the parents income (after SS is transferred) and access (ie 50/50 access or not).

                But the SSAG first does CS, then figures out SS, and also the duration range is tied to having kids. This of course does not make sense because if two people had a child from a one night stand, SS would not even be discussed.

                Comment


                • #9
                  Check out mysupportcalculator.ca

                  Punch your numbers in, do not listen to what "their" numbers say... one thing to learn it to never listen to the ex and her lawyer. Mysupportcalculator.ca is basically Divorcemate, but for non lawyers.

                  Comment


                  • #10
                    Originally posted by PursuitOfHappyness View Post
                    It is such a fine line between love and craziness/hurt/anger.
                    There actually is a fine line between love and hate, according to Prof. Zeki of University College, London.

                    Comment

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