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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 10-17-2020, 06:34 PM
pinkHouses pinkHouses is offline
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Default Varying spousal support order

Hi.

https://laws-lois.justice.gc.ca/eng/...pouses%3B%20or

I have a court order that states that spousal support is X and the amount is immutable and non-variable and will terminate forever on date of X.

I am wondering if that actually reads correctly to a normal person because the Divorce act 17(10) states

(10) Notwithstanding subsection (1), where a spousal support order provides for support for a definite period or until a specified event occurs, a court may not, on an application instituted after the expiration of that period or the occurrence of the event, make a variation order for the purpose of resuming that support unless the court is satisfied that

(a) a variation order is necessary to relieve economic hardship arising from a change described in subsection (4.1) that is related to the marriage; and

(b) the changed circumstances, had they existed at the time of the making of the spousal support order or the last variation order made in respect of that order, as the case may be, would likely have resulted in a different order.

So according to 17(10)(a) + 17(10)(b)

If after the Order

#1
If a spouse claims they started to become depressed during the marriage backed up by starting to take medication for it and later on decided that this depression is preventing them from working at some point in the future. This would be reason for the order to be changed so they can change term of spousal support?

#2
Does "marriage" include the period of separation?

#3
I am trying to find case law for this but have been unsuccessful for anything recent. found this
https://www.canlii.org/en/ns/nssc/do...&resultIndex=1

#4
There was a case a few years ago where one spouse made bad decisions on things and then went back to the other spouse and the court awarded them more property or something. People went nuts. What was that case?
There is only a court order, no separation agreement.

Last edited by pinkHouses; 10-17-2020 at 06:47 PM.
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  #2  
Old 10-19-2020, 07:50 PM
pinkHouses pinkHouses is offline
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Default

I know this question was a bit of a rehash.
It is pretty hard to do.
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  #3  
Old 10-20-2020, 02:35 PM
alongjourney alongjourney is offline
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Default

#2: no, it doesn't include it.

Not sure about the others
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