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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 08-01-2021, 08:25 AM
Kane21 Kane21 is offline
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Default Spousal Support Duration

hello, I’m seeking some insights into how long I may need to pay SS
- we divorced 5 years ago after a 20 year marriage and lived together for total of 22 years
- we have three children, now all in their 20s, I’m still paying child support for the youngest until 4 year degree is completed - the kids live with my ex
- my ex re-married 3 years ago
- I’ve been paying between $5500 - $4500 per month in combined support to my ex’s household for the last 5 years – they appear to have very comfortable life, a cottage, many trips, home renos
- we both earned six figure salaries at separation, although mine was double my ex’s earnings, and all assets were split when we divorced 5 years ago
- I have just recently sought variation in SS due to her marriage based on legal advice (a material change in circumstances) - she has countered with ask for more SS given I now pay less CS (stopped paying for my oldest 2 years ago and middle child this year - another material change in circumstances)
- To add insult to injury, they are all estranged from me, kids haven’t talked to me in years

I realize that the SS guidelines designate SS duration as "indefinite" given we were together 20+ years - I'm hopeful that there is an argument to set a specific duration at this point
We are heading to med-arb process, is it reasonable to seek a termination date for SS ?
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Old 08-04-2021, 02:32 PM
cleanSlate cleanSlate is offline
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No response yet so....

Quote:
Originally Posted by Kane21 View Post
I realize that the SS guidelines designate SS duration as "indefinite" given we were together 20+ years - I'm hopeful that there is an argument to set a specific duration at this point
Guidelines are guidelines and there is no rule for "indefinite". It sounds like you get that.

Quote:
Originally Posted by Kane21 View Post
We are heading to med-arb process, is it reasonable to seek a termination date for SS ?
I wish I could help with knowledge here but CANLII can help you out.

The details of your Separation Agreement when it comes to Spousal Support matter. So does a Court Order.

You mentioned the exes lifestyle and that matters; so does yours now and at the time of marriage.

A lawyer may lead you to believe one thing but puts it all on you. Find a good lawyer (you can afford a good one), in this case you need a bit of a shark I think.

Good luck (I like this quesiton)
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Old 08-04-2021, 04:10 PM
ifonlyihadknown ifonlyihadknown is offline
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"Indefinite". Yeah, just about the most frightening word in the English language.

Yes, try and find a lawyer who has handled similar cases to advise you on your options and the likely outcome.

My 2 cents... SS is based on either need or that your ex made sacrifices during the marriage that has led to her to be disadvantaged. If your ex makes a 6 figure salary and has remarried then presumably there is no need. As for compensation for sacrifices made, assuming that she stayed home for a few years to raise the kids, did this hurt her career? Or did she make sacrifices in other ways that affect her financial situation today?

SS being indefinite means there is no fixed end date, however there may be no justification for support in the first place or the amount may be very low.

Either way, an experienced lawyer who knows what they are doing should be able to tell you how this would all shake out if it went to court. That should be your first step.
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