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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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Old 05-18-2008, 07:49 PM
Sandra Sandra is offline
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Default Separation Date - Tricky Question

STBX and I having difference of opinion regarding date of separation for purpose of the one year waiting period. He's in the Army and served in Afghanistan from June to December of 2007, so we were physically living "separate and apart". However, he was collecting separation pay from the military which is an extra allowance based on compensating soldiers for when they are separated from their dependants (just me, we have no kids) for military reasons. He's claiming that since we were living apart from June onwards, the date of separation should be backdated to then.

My argument is that he can't have it both ways, he can't claim those six months as living separate and apart for the purpose of the one year waiting period, but at the same time be collecting an allowance from the Canadian government (fraudulently?) based on the hardship of being forced to live separate and apart from his wife for military reasons. I would like to have the separation date start counting from December 2007 to give myself a few months extra time to improve my financial position and get my life organized. He's the one pushing for the divorce by the way, it was never my idea, he got involved with someone else.

Any advice would be appreciated.
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Old 05-19-2008, 10:34 AM
logicalvelocity logicalvelocity is offline
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Sandra,

welcome to the forum

To me, it doesn't make sense to litigate and spend thousands over a separation date only so that the default one year separation occurs sooner.

It is best that the date for separation purposes is consensual rather than litigate a date and let the courts decide. Why not compromise and make it at the half way mark in between the two dates of Dec and June.


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Old 05-19-2008, 07:53 PM
standing on the sidelines standing on the sidelines is offline
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I can see what you are saying. He collected the money as compensation for being away from his family. Were you actually seperated at the tme or splitting up? If you want to fight it tell him you will report him for collecting the money that he was not entitled to if he wants to use his date as a separtation date. If worse comes to worse and you use his date then report him after with your divorce documents as proof.
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