My fiance had a separation agreement done 6 years ago, that had him pay the debts of the marriage in lieu of spousal support. This was not the best arrangement in hindsight, as he was not able to claim spousal support on CRA. Smart on her lawyers part, as she didn't have to disclose it as income. However, water under the bridge, live and learn.
The issue I am asking advice on is that a new agreement was done over two years ago, terminating his obligation for spousal support, however, one of the debts has not been paid off. Can he now ask her to pay for her portion of the debt, and how would he go about it?
I can tell you 100 % that we will have to fight to get it. I am just not sure in what forum to do so. I was told that family court does not deal with debt, and he would have to take her to small claims court.
Anyone else have experience is this area?
The issue I am asking advice on is that a new agreement was done over two years ago, terminating his obligation for spousal support, however, one of the debts has not been paid off. Can he now ask her to pay for her portion of the debt, and how would he go about it?
I can tell you 100 % that we will have to fight to get it. I am just not sure in what forum to do so. I was told that family court does not deal with debt, and he would have to take her to small claims court.
Anyone else have experience is this area?
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