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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 03-29-2015, 07:00 PM
inconsolable inconsolable is offline
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Default spousal Support while student

Hi. Does anybody have any experience or knowledge about being paid spousal support while a student?

My spouse left me while I went across the country to school for 1 year after agreeing to support me in this effort. My spouse took the children and moved away with the city. Spouse make over $75K annually and does have the children.

Additionally, can I hold my spouse financial accountable for agreeing to support me for that year if the agreement was made prior to separation?

Much appreciated
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Old 03-29-2015, 10:48 PM
annapurna66 annapurna66 is offline
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Spousal support is a difficult thing to determine...my understanding (limited that it is) is that you first need to establish entitlement. After that...duration. CHeck out the SSAG (spousal support advisory guidelines) which may help somewhat in that regard. If your marriage was short and you didn't give up your own career opportunity/advancement in order to support your spouse or take care of the children....the rationale for compensatory entitlement would be weak. Perhaps if your marriage was longer and the breakdown has caused you economic hardship there may be a case for non-compensatory entitlement. There are three types of spousal support in Canada: compensatory, non-compensatory and contractual. You might find this article helpful. I would take up a free consult with a lawyer and see if you have a case. Good luck!

Canadian Lawyers Aid in Fair Spousal Support | Canadian-Lawyers.ca
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Old 03-30-2015, 08:56 AM
Berner_Faith Berner_Faith is offline
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How long was your marriage? Did you work throughout the marriage? Did you give up your career for the kids or your ex?
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Old 03-30-2015, 09:10 AM
dinkyface dinkyface is offline
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Have you established a separation date? If that is after your school then probably no. If it is before, then a ss obligation, if any, may be balanced against child support, a certainty. Also, was the schooling for upgrade on established career (ie clear benefit, low risk) or to change career (higher risk). Lastly, courts will take 2 years to resolve this, so you'll be asking for retro payment, which is less likely.
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