Announcement

Collapse
No announcement yet.

Spousal Support

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Spousal Support

    I am recently separated. My ex and I have a separation agreement that states neither of us would be paying support payments. We had it notorized by our lawyer. She is now saying she is going to seek spousal support. We have been separated for three months. I am not sure if this is relevant, she and her new partner live together.


    On a different matter, my car is in both of our names. The loan is in my name. I have always paid the loan myself and the car has always been my primary vehicle. We did not include anything about vehicles (hers or mine) in our separation agreement. Do I have to buy her out half of the car? She has never paid for it.


    Thank you very much for your advice

  • #2
    The brains on here will need more info to provide you any advice.


    How long was the marriage?

    Is the any children?

    What is the salary discrepancy between you too?

    Comment


    • #3
      Originally posted by babygirl View Post
      We had it notorized by our lawyer.

      "Our" lawyer?


      You didn't get independent legal advice, the agreement can be easily overturned.


      I am not sure if this is relevant, she and her new partner live together.
      It depends if the SS is needs based or compensatory. It is relevant to the former, mostly irrelevant to the latter.

      We did not include anything about vehicles (hers or mine) in our separation agreement. Do I have to buy her out half of the car? She has never paid for it.
      If you made payments for it while married, she paid for it in terms of reduced financial opportunities for the couple during the marriage.

      That said, if she doesn't care, and you don't care, then nobody cares.

      Comment


      • #4
        How long was the marriage? We started living together in June 2008, married July 2013 and separated March 2018.

        Is the any children? Together we have no children. I have two children that live with me full time and I receive child support for from a previous marriage.

        What is the salary discrepancy between you too?
        My base is $66000 and her base is $51000. I am not sure if it is relevant but last year she made more than me because she cashed in $36,000 of her RRSP. This was considered income on her income taxes.

        Comment


        • #5
          The ex would have to prove entitlement to receive spousal support. There are 2 ways to prove entitlement, compensatory and non-compensatory.


          For compensatory the ex would have to prove that their career suffered for the benefit of the family. Did they move for your career? Did they take time off from her career to maintain the house? That is the sort of stuff the ex would have to prove.


          For non-compensatory, the ex would have to prove that your incomes are vastly disproportional and that their standard of living would suffer due to this difference. Example, you made $200k and they made $30k. I believe there is an unwritten rule of thumb that if ones income is in the 40% of the grosse household income, non-compensatory is a really tough sell.



          Given the numbers you have provided, I doubt they would be successful proving non-compensatory entitlement. So whether or not the ex is entitled to SS would depend on what sacrifices they made in their career for the benefit of the family. If you moved the ex from city to city, or they left a job to stay at home, then they have sound grounds for compensatory. If you didn't, I would tell the ex to pound sand as it is your position they don't have grounds for entitlement.

          Comment


          • #6
            well said HammerDad

            Comment

            Our Divorce Forums
            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
            Working...
            X