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Spousal Support Amount????

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  • Spousal Support Amount????

    Im new to the forum. My wife of 17 yrs and I are separating. We have two kids 15 and 11.


    I have no concerns with child support payments. We will be splitting 50/50 and I'll be happy to pay for and help where / when needed.


    I'm looking for some info on spousal support.........


    Since 2004 my wife has worked part time earning close to half of what I made. We have company pensions where again she paid half of what I did into her pension until 2014. For the last couple of years 2015-2018 I made around $8000 more per year ( not a massive amount) and now I make around $12000 more per year.


    No I don't know if they work off the full time or if its like the last 5 years kind of thing.


    So my question is, will I need to make equalization payments to my spouse for the 10 years she was earning half? I know I'll need to top up her pension and will I need to give the full amount approx. $70k or would it be just half of that. Personally, I don't feel like I should be required to pay her back the full $70k. I maybe wrong but it doesn't make sense to me that I'm completely responsible for all of it.


    I don't want to leave her broke and we are amicable. So I don't mind paying a fair amount - the key word being fair.


    Any thoughts and or assistance would be appreciated.


    Thanks in advance

  • #2
    Equalization is different to spousal support, which is different to pensions.

    Equalization can be discovered by filling out a joint Net Family Property statement that includes everything like pensions. The number at the bottom is what one person owes the other. The person receiving the money can then decide whether to put it into pensions or other assets.

    Spousal support should be used to ensure each house is roughly recieving the same income each month (especially since you are doing 50/50, so the kids are not feeling a difference in their lifestyles moving between the houses) and may also be compensentory if one person reduced their paid workload in order to take on a disportunate amount of the joint unpaid workload, (which has a huge, lifelong impact on their ability to ever “catch up”).

    The previous three years income is generally what is used as the measurement unless there has been an extraordinary event such as job loss/severance pay/OT only applicable due to company being sold etc.

    Comment


    • #3
      Search for and read the SSAG: https://www.justice.gc.ca/eng/fl-df/...ag-ldfpae.html

      First step is to see if she is even entitled. Why was she working part time? Your kids are no longer toddlers. Was is simply a choice? Can she get full time work at her present company? What would she be reasonably making if she worked full time? How do your education levels, qualifications and work experience compare?

      If she's simply working part time by choice and could make the same as you then you could argue that no SS is due at all.

      If it turns our that you should pay her SS then it is roughly between 35% and just under 50% of the difference between your salaries. Duration is between 1 and 1.5 years for each year of marriage. (It's all in the SSAG.)

      If you add her age to the amount of time married, 17 and it's 65 or more, you're basically screwed. Welcome to the life of an indentured servant since SS will be "indefinite".

      Comment


      • #4
        Originally posted by ifonlyihadknown View Post
        Duration is between 1 and 1.5 years for each year of marriage. (It's all in the SSAG.)

        My understanding is that the duration for SS is generally 0.5 years to 1 year for each year of marriage, not 1.5. If it is 1.5 it would mean the payor would be paying for longer than term of the marriage (outside of situations where SS is determined to be indefinite). That doesn't sound standard.

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        • #5
          I think you're right. It's been a while since I read the SSAG.

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          • #6
            thanks for the info. we have a meeting with the mediator on Tuesday. I hope they can provide some information.

            Comment


            • #7
              Consult a lawyer. SS stuff is complex and multi-dimensional. The numbers you have provided don't generally trigger SS. But, again, you really need a lawyer as because when it comes to as a lot of it is left up to Ouiji boards, dart boards, magic eight balls, dice and random number generators ("chance") to determine SS. The SSAG is not legislation and "guidance" which makes it hard to figure out at times.

              Comment


              • #8
                Originally posted by Tayken View Post
                Consult a lawyer. SS stuff is complex and multi-dimensional. The numbers you have provided don't generally trigger SS. But, again, you really need a lawyer as because when it comes to as a lot of it is left up to Ouiji boards, dart boards, magic eight balls, dice and random number generators ("chance") to determine SS. The SSAG is not legislation and "guidance" which makes it hard to figure out at times.


                Thanks for the info and BTW, love the Ouiji board et all reference

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                • #9
                  Originally posted by EAHusband View Post
                  Thanks for the info and BTW, love the Ouiji board et all reference
                  Not mine... It is actually Justice Quinn's.

                  [158] I come now to the issue of spousal support, historically the roulette of family law (blindfolds, darts and Ouija boards being optional).

                  (a) Support obligation of spouses

                  Source: Bruni v. Bruni, 2010 ONSC 6568 (CanLII), par. 158, <http://canlii.ca/t/2dnn1#par158>, retrieved on 2019-03-12.

                  Comment


                  • #10
                    I believe Hammer Dad is correct. .5 for each year. So...8.5 years.

                    Presuming she can / is working full time now, there seems to be a number of jobs paying decent money i.e. costco/amazon so I'll be curious if she didn't take a better job, is she in avoidance?

                    I'm not expert but a lot depends on the judge which seems ethically wrong.


                    As sub note....with the 'Me Too Movement' in existence will SS views be swayed?

                    Comment


                    • #11
                      Originally posted by North of 40 View Post
                      As sub note....with the 'Me Too Movement' in existence will SS views be swayed?
                      What exactly do you mean by this?

                      Comment

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