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Am I entitled to spousal support and how much

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  • #16
    There is a calculation. It is based on the gross incomes combined minus his previous child support of 500 month and then 40 to 46 percent of the combined income. this is the law and that is the calculation.

    The lawyer has quoted facts. That is the hard truth.

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    • #17
      i am definitely not beth's ex. I want the facts, i am trying to be factual, not emotional.

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      • #18
        From my understanding it's 1½ to 2% of the difference between both gross incomes for each year & the duration is ½ to 1 year support per year of the 'marriage'. If the person also pays child support, that will lower his gross income greatly & bring it that much closer to yours, thus reducing what you _might_ get. Anyone can do the math, that doesn't mean that a judge will award it, and you're out the costs of taking it to court over greed.

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        • #19
          Since I can't edit, I should also note that if awarded, you have to include it on your income tax which will change your income/tax level possibly causing a tax owing at the end of the year.

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          • #20
            You are right of course if I get it in monthly payments. Lump sum payment though is not taxable. It will come off the sale of our house.

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            • #21
              Child support comes first, thus if determining a lump sum will put child support at risk and/or unduehardship...
              If this was _really_ about 'getting on your feet' then why aren't you simply asking for a sum that will pay 1st & last months rent somewhere? And more importantly, do you both still live together and you're only making your plans based on what you _think_ you can get out of him?

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              • #22
                Yes we are still living together, but sleeping in separate rooms. He wants this separation, not me. I have been told by a lawyer that i am entitled to possibly 3-500 per month. I hope to not go to court but get a lump sum payment from him with my share of the house that we split. Thousands of women get spousal support, why is everyone so hostile.

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                • #23
                  Because 'thousands' of those women usually gave up a career to raise a family, and thus would have fallen behind in skills required for the workforce. You chose not to work more than you already were, you have no dependants, and you can certainly support yourself, but what appears to matter to you most is 'getting your just desserts'.

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                  • #24
                    Yes thousands of women and many more do recieve support, and the vast majority require it. Not so for your self based on your previous statements.

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                    • #25
                      If I am not mistaken there are simple guidelines that may or may not be used to figure Spousal support payments, unlike child support payments where it is clear as day, or are supposed to be and even a that vary dramatically, so imagine spousal support. Whew, good luck.

                      A lawyer can in no way tell a client in definate terms what he/she may pay/recieve in spousal support as there is no law in place for such, so...in my opinion one would be wise to read read read read and Beth if you still think you will come out ahead, well..... once again I doubt it.

                      Ok scenerio...you get 300 per month is costs you minimum 5K to get judgement then you pay tax on any amount you recieve at years end.

                      I think what other memebers are trying to get across to you is you really on the face of it do not apprear to require the support and in the event you go through the process (court) you still do not come out much ahead.

                      As far as a lump sum, why would he bother, he is far better off letting you try to litigate and pay your lawyers costs along the way which could last much longer than you seem to comprehend.

                      The most imoprtant thing to understand there is no law in place to ensure you get what you appear to think you are entitled to, only guide lines which may or may not be followed and very greatly case by case.

                      Whew long winded sorry......

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                      • #26
                        Okay he pays child support but no spousal support to the first wife?? If anything she would have been more entitled to ss.

                        Beth if you find people are being hostile it is because they see your motives as some one out to get revenge. It is not financially, or emotionaly a good thing to be doing. I know you are ticked because he wants to end it and you do not. You just want to make him hurt like he is hurting you. In the end the only one who is happy are the lawyers. His lawyer is probably telling him to let you take it to court because you do not have a strong case. You have said that for RRSPs you have more money in there then he does, that may factor in. It seems like he paid alot of the bills and you did whatever with your income. Well guess what, now you will be the one footing the bills for yourself so why start with a lawyers bill??

                        My best advice to you (from someone who was worse off then you but decided to not go for ss) spend the lawyers fees on a new wardrobe, go to a spa, get a make over(not that I am saying you need it) and enjoy life. There is another guy out there who will want to be with you, let the past go. In the end that is the best you can do for yourself.

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                        • #27
                          just my comment on periodic versus lump sum spousal support;

                          Generally spousal support is to come from proceeds of generated income rather than a person's assets. This in itself is an excellent legal stance to contest a persons "need" verses "means" due to the loss of potential tax deductions.

                          lv

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                          • #28
                            my lawyer told me i was entitled to 40-50k in support. apparently his lawyer told him he could have to pay anywhere from 15k - 25k. In the end, we settled on 30k. He will pay this to me when we sell our house.

                            We have both agreed to this amount and are moving on without lawyer fees.

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                            • #29
                              Pardon my frankness....

                              Your ex is a sucker. Congratulations on abusing the system and giving a bad name to those women who actually require support.

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                              • #30
                                His lawyer told him he would have to pay me some spousal support. His own lawyer told him that. My lawyer(family friend) told me that i could get anywhere from 445-547 per month for 6 - 8 years. His lawyer told him 300-500 for 3 to 4 years. We have saved ourselves alot of money in legal fees by agreeing to the 30k. I have only been working part time based on the fact that he has been supporting me for the last 8 years we have been together. I have not taken advantage of any system. that is the law. I dont make anywhere near the money he makes. His child support will end in a couple of years and we will make out fine. The fact that i am 45 years old also is a big consideration.

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