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Can I claim tuition fees as part of spousal support?

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  • Can I claim tuition fees as part of spousal support?

    I am soon-to-be divorced, and need to know if I can claim tuition fees on top of spousal support? A friend of mine suggested I could.

    During the marriage my husband worked and put himself through school, and I supported him by also working (mostly at low-paying jobs). It was never financially or logistically feasible for me to receive any education at that time as I was also a stay-at-home mom and took care of the home.

    Now my soon-to-be ex is a chartered financial planner and I work two jobs, one as a server!

    Any suggestions?

    Thanks.

  • #2
    Lisa,

    One of the primary considerations for spousal support is that you have NEED and your ex has MEANS for spousal support.

    The courts would take into consideration the length of the marriage and each parties role in the marriage. Which party looked after the children etc. Which party set aside their own career etc.

    I think you have a very strong stance to pursue a lump sum amount of spousal support in addition to a periodic spousal support monthly amount.

    Courts would have to give first consideration to the payable child support. Sometimes there isn't enough money left over.

    The courts would also take into consideration of the amount of a net equalization payment if applicable.

    They do have spousal support advisory guidelines (Draft Proposal) January 2005 which in your case would be very worth while to read to get a grasp of what you may be entitled to.

    Some courts, lawyers etc are now referring to these guidelines, along with jurisprudence and also respective calculating tools such as Divorce mate, Child View software to determine quantum of spousal support.

    To me, it is in your ex's interest to support you through school to assist you to become financially independent. Your children would also benefit from this also.

    You can find these draft guidelines here.


    http://www.justice.gc.ca/en/dept/pub...ect/index.html

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