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Typical clauses for ending spousal support

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  • #16
    Yea being reasonable is important. That is food advice.
    I am trying to ask for the things I find reasonable and fair.

    There are things I would put down in the other sides favor too hoping they would like it because it benefits us both or is fair.


    Life isn't fair but I try to live mine that way.

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    • #17
      You should be using the search ability on this forum which is one of the first rules of posting. Asking random questions that have already been answered (and in some cases have been pinned) is disingenuous to the people on this forum not to mention against the rules.

      Use the search function and canlii. Posters here can only give their experience which isn’t in line with your views previously posted in your threads.

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      • #18
        Spousal support is not like child support with a very specific monetary scale.

        Spousal support is decided on the merits of the individual case and of course legal precedents and relative law. Just one example, the person claiming SS must prove entitlement. There are MANY variables that can affect SS outcome. It is not simple.

        I would recommend that you search CanLii carefully and read the judges decisions. You will see which law judges rely upon in each particular case and how they came to their respective rulings.

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        • #19
          A good first step for you is to learn (inside and out) the 3 basics types of Spousal Support.

          Then look up differences in "traditional marriage", "short-term, medium, and long-term marriage" .... what constitutes "indefinite support"

          Learn about SSAG and how and when they are used and not used in determining SS.

          That would be a good start for your "research" project.

          Oh and almost forgot - check out difference between binding and non-binding arbitration in case you decide to go that route.
          Last edited by arabian; 02-04-2019, 04:01 PM.

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          • #20
            thanks arabian

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            • #21
              Originally posted by rockscan View Post
              Your posts are all over the place with questions and are vague with limited info.
              My feeling as well. I still don't have a good grasp of summer's situation.

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              • #22
                Originally posted by Janus View Post
                My feeling as well. I still don't have a good grasp of summer's situation.

                Using the search function would have been more helpful and not wasted space for future users with genuine questions.

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                • #23
                  I would say "death" but then any arrears of SS would be payable by deceased's estate to recipient.
                  A claim for support can also be made against the estate.

                  If there is no clause or the parties can't agree on a clause what will a judge put into an order or later on rule if a request to terminate is requested?
                  Generally, a judge will not order a termination date unless it is going to be "soon" (perhaps within two years but do not take that as a hard rule). Usually, there will be a review after so much time or once a material change has occurred.

                  Things like the wife being paid moves in with someone else, children are involved.
                  That may be a material change, depending on the circumstances. However the relationship would need to be somewhat permanent (ie, two weeks into a cohabitation would not change anything).

                  Your obligation is not transferable. Your ex-wife moving in with someone else does not obligate them to support her in the amount the Court Ordered you to pay, especially if there are children/child support involved.
                  If support is non-compensatory (ie, needs based) then their needs may be met by a subsequent relationship. It can end the obligation.

                  Your ex spouse can move in with a millionaire, makes no difference.
                  I would not bet on that.

                  Your kids could have a new step dad who spends thousands on them, makes no difference.
                  Correct enough to be accepted as a general rule.

                  Those are ADVISORY guidelines.
                  The SSAG are given a lot of weight and have been approved by the Ontario court of appeal (and most provinces, except New Brunswick).

                  ending spousal support is a challenge regardless of the guidelines or the case law.
                  It is a matter decided by the facts. The guideline of 0.5 to 1.0 years of support per year of cohabitation should always be kept in mind.

                  Step-down spousal support with decreasing support, based on minimum wage to start, and a specific review date (3 years is reasonable).
                  That is the sort of practical compromise that sees families sign agreements without ever having to go to litigation. Good suggestion.

                  You mentioned in a previous post you have 50/50 custody, why wouldn't you want to work with that parenting schedule?
                  In a shared custody situation, if the relationship was at least medium duration (5 years) the presumption is that spousal support will provide 50-50 NDI to both families unless there are reasons to stray from that starting point.

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                  • #24
                    thanks orleans.
                    being the payor is going to make me a wreck.
                    I doubt the lawyers will put the language in.

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