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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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Old 02-06-2011, 05:34 PM
NeverMind NeverMind is offline
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Default Division of Assets and Sickness

After a long and diffucult run, Ex and I are finally ready to sign the legal papers for division of assets. Even though ex is working and I am not (I got laid off several months ago) I am not asking for any spousal support. In turn, Ex has agreed to pay son's education costs. Fast forward to this past week. While at the doctor's office for a routine physical, the doctor found cause for concern and has ordered a battery of tests which I will go through over the next two weeks. If the prognosis is not good, the illness will cost me much money and I will not be able to look for work for awhile. My question here is, do I still sign the papers for the divison of assets as it now stands which will give me some cash or should we go back to the drawing board and should I ask for some spousal support? I feel I am being forced to chose between my health treatments and son's education. Has anyone ever been in a similar dilema? I am wondering if there are some options I should consider. I don't have a lawyer as I am on a very tight budget. Ex however, does have legal representation. All of this is causing me much added stress so any positive direction or ideas are appreciated.
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Old 02-06-2011, 05:45 PM
Mess Mess is offline
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Are you even entitled to spousal support and how much? How much does your ex earn? If you are unable to work due to medical condition, have you applied for ODSP? Would your ex earn enough to have to pay over and above that amount? Ordinarily division of assets has nothing to do with spousal support but I understand that this may be that you two have finally decided to settle and you hesitate to stir the pot. It is not possible to answer without knowing more about your situation.
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Old 02-06-2011, 05:54 PM
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Pretty hard to give a thoughtful opinion. You said very little about the nature of the illness.

From this distant vantage I'm not sure whether your condition today should affect how you sette affairs of yesterday.

Only you can judge how changes you propose to settlement will be received by your ex. Will this create more confict and put you back to square one of your long and difficult run?

Seriously, I don't think you can put much stock in any answer you get here regarding this difficult and very personal matter.
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Old 02-06-2011, 07:22 PM
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why don't you discuss with your ex to put a clause in your agreement, which says that in case of you are unable to work due to medical conditions he pays some SS?
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Old 02-06-2011, 11:46 PM
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Quote:
Originally Posted by rszalai View Post
why don't you discuss with your ex to put a clause in your agreement, which says that in case of you are unable to work due to medical conditions he pays some SS?
Why should he be an insurance policy for things that happen AFTER separation?
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Old 02-07-2011, 12:07 AM
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I kind of agree with bill, although I do emphathize with what you're going through, it must be a very difficult time for you. That being said if you had already signed the agreement last week and found out all this news next week you really wouldn't have grounds to go back and change things based on the situation, why is it that things should change now?

If you truly feel you're entitled to or need the SS then you should be asking for it regardless of this new information on your health. It's a tough decision to make and you're the only one who has to live with it, maybe you just need more time to review everything and decide what's best for you.
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