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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11  
Old 12-06-2019, 12:14 PM
tmsrtl tmsrtl is offline
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no Janus.....

~1 year before marriage, +12 years, + 6.5 years seperated
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  #12  
Old 12-06-2019, 12:15 PM
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Janus Janus is offline
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Quote:
Originally Posted by tmsrtl View Post
no Janus.....

~1 year before marriage, +12 years, + 6.5 years seperated
Haha, yes, that's right.

Sorry
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  #13  
Old 12-06-2019, 12:16 PM
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So, of those 13 years, in how many of those did she work full time?
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  #14  
Old 12-06-2019, 12:34 PM
tmsrtl tmsrtl is offline
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So, of those 13 years, in how many of those did she work full time?
before the kids were born.... 2 years let's say..... and 1 part time when the kids school started
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  #15  
Old 12-06-2019, 12:50 PM
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ok, I can answer some stuff now

1) Why spousal support

Strong compensatory reasons. She essentially sacrificed her ability to produce income in order to take care of the children of the marriage. You made no such sacrifice.

This income reduction is permanent. Her income will be forever lower than it would have otherwise been because, as a couple, you guys decided that this was a reasonable thing to do. Your income is forever higher than it would otherwise be because she stayed home and allowed you to increase your income earning potential.

2) How long is fair?

In some ways, "fair" might be some level of spousal support for the rest of your life. As I said, the effects of your decisions as a couple hurt her permanently, and helped you permanently. It is tough to fully compensate for that.

Luckily for you, you probably won't be paying SS for life, but once that SS stops, you will be in a much better position than she is. Is that fair?

3) Why high range?

She has the kids. Mid range SS would be for parents with shared custody or shorter marriages, or marriages that were less "traditional". Your marriage checks off all the boxes for spousal support.

4) Why can't she work full time?

Because she has not done so for over a decade. It is a tough transition.

I'll have you know that I agree with you on this, but the courts often see women who have been out of the workface as incapable of holding a full time job. A court will likely find that your proposed jump from 8 to 40 hours a week is unreasonable. Consider a gradual step up (via imputed income) over a few years.

5) But I put her through school!

Her income would have likely been imputed at that low level anyway. Unless you paid for her tuition on top of the high end spousal support, she put herself through school.

6) What should I do?

Consider proposing a 5 year plan to terminate spousal support. She slowly increases her hours, and your SS responsibilities slowly drop. 5 years is a long time and she will probably agree.

Note that in 5 years she will likely still have a lousy income, (because, as I said, you permanently screwed her over in terms of income potential), so your goal is to have a fixed SS termination date. It doesn't matter how far in the future it is, you just want a fixed date.
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  #16  
Old 12-07-2019, 12:51 PM
ifonlyihadknown ifonlyihadknown is offline
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Janus,

Thank you for the well written post about the realities of family court in Canada. I'll be saving it for my son in case he is ever foolish enough to get married.

And I don't mean this sarcastically. Your post accurately and succinctly sums of the mentality behind our system and everyone getting married should be aware of this.

Cheers.
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