Hi,
Long term marriage/rule of 65 applies. Self-representing. At this point we are negotiating. The first case conference date is in a few months.
I'm in negotiations with my STBX through her lawyer. She asked for spousal support to be adjusted annually based on my income tax returns. She proposes a fixed percent of my salary "indefinitely" (due to rule of 65.)
I'm proposing a fixed amount, based on my present income, indexed to CPI. Spousal support will likely be her only income and my proposal would give her the ability to live comfortably.
Her lawyer claims that the law provides for annual adjustments and that this is the way to go. I realize that you do this for child support but I don't see that in the Divorce Act or the SSAG for spousal support.
I've seen some CanLII cases that support both points of view.
Who has the stronger case? Have there been any recent key cases that lean one way or the other?
Thanks!
Long term marriage/rule of 65 applies. Self-representing. At this point we are negotiating. The first case conference date is in a few months.
I'm in negotiations with my STBX through her lawyer. She asked for spousal support to be adjusted annually based on my income tax returns. She proposes a fixed percent of my salary "indefinitely" (due to rule of 65.)
I'm proposing a fixed amount, based on my present income, indexed to CPI. Spousal support will likely be her only income and my proposal would give her the ability to live comfortably.
Her lawyer claims that the law provides for annual adjustments and that this is the way to go. I realize that you do this for child support but I don't see that in the Divorce Act or the SSAG for spousal support.
I've seen some CanLII cases that support both points of view.
Who has the stronger case? Have there been any recent key cases that lean one way or the other?
Thanks!
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