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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 07-21-2011, 12:08 PM
Canada Gold 2010 Canada Gold 2010 is offline
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Default Maintaining Ex's Interest in the Matrimonial Home: Is this a Form of Spousal Support?

Hi All,

My ex and I "separated" at the end of 2009. We lived under the same roof until April 2011, at which point she finally moved out. She moved in with friends and is living there temporarily until we sort the matrimonial house out.....she took only the bare essentials with her and most of her belongings are still in the house with me.

We have 1 child, whom currently resides with both of us on a week on/week off basis. I pay child support to her using the offset method based on our respective incomes.

She took the family car. I was given an old "hand me down" from a family member, prior to physical separation, due to the impending divorce, as I had told my ex she could have our car.

She is also seeking spousal support. I'm willing to listen to proposals, however, in my opinion, she is not being reasonable.

I am currently maintaining her interest in the matrimonial home and have been ever since April. The mortgage and the PT amounts to $1767 per month, so my calculations yield the following:

Her 1/2 interest would be $883.50, plus she would be credited with the following:

1. Cable bill $50 credit (she still pays some bills, she refuses to change any of this until "the lawyers figure it out for us".....go figure )

2. Heating: $50 credit

3. House Insurance $66/2=$33 credit (this was odd: I was paying this, however, 2 months before she moved out, she called our insurance company, and had them start taking the payments from her bank account, rather than mine)

4. Mortgage Insurance $44/2=$22 credit

Everthing else associated with the house I pay for. We have no other debt, other than our respective LOC's, which have a very mild balance at the present.

$883.50 (Her half of Mortgage and PT)
-$50
-$50
-$33
-$22
=$728.50

By maintaining her interest in the matrimonial home, is it logical to conlcude that I am paying $728.50 in spousal support per month at the present? I'm thinking that any arrangement that we arrive at should factor in these "payments to date", right up to when the house is finally resolved, either via a refinance, or sale of the property. Is that fair and reasonable?

I'd appreciate your thoughts on this.

Regards,

Canada Gold 2010
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Old 07-21-2011, 01:15 PM
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billm billm is offline
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You have to pay her rent for living in her home. You need to take that into consideration as well.
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Old 07-21-2011, 01:25 PM
Canada Gold 2010 Canada Gold 2010 is offline
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Fair enough.......but then do I get compensated for the fact that she is driving around in "my" car? Where does one draw the line exactly? It's such a slippery slope....

Canada Gold 2010
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Old 07-21-2011, 01:33 PM
Exquizique Exquizique is offline
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Sadly, in many cases of divorce what's ultimately "fair" and "reasonable" is whatever both parties eventually come to an agreement on. It's very relative and subjective. Like you already noticed, there isn't always a black and white way of calculating who "owes" who what and what can be "counted" or not.

If yours is a fairly amicable situation and you can reason with her that your calculations are fair and logical, and she is willing to accept it, then there is no reason why the separation agreement can't have it all factored in as you described.

However, in a more adversarial situation, both parties come to the table with their positions, and then negotiate what they are both willing to accept as "fair" and "reasonable". What you described is something that a skilled lawyer could PROBABLY present as defensible in a trial situation, but it all depends on how amenable the other party is to your point of view and a whole host of other factors in your circumstances that make up the big picture.

You said you don't think she's being reasonable. What has she proposed? Your approach may appear more or less "fair" and "reasonable" depending on what she's proposing.
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