Spousal Support and repartnering

[mattine]

Anyone have any cases that can rely on with regards to awarding spousal support in cases where ex partner leaves marital home to live with new relationship. thanks

[shellshocked22]

The REASON a spouse leaves has no impact on spousal support if that's your question ? That is, whether they were subjected to abuse or simply tired of the sound of your voice makes no difference.

However, spousal support is complicated and there is no legally mandated payments (like child support) so there is a lot of discretion.

I suspect you're wondering that if he/she is living with a new partner, could you argue he/she needs less/zero spousal support since they already have a "new" spouse. My hunch is "no" at least in short term but perhaps you could have your lawyer word something to the effect that IF they got married/common law (ie. 3 years) THEN her support terminates ?

I'm sure others can response.

My advice regardless is to have an iron clad "termination date" for spousal support, assuming you have to pay it.

[OrleansLawyer]

Spousal support is determined by MANY variables (length of relationship, if the claimant "suffered" any economic hardship due to marriage, each partner's income, etc.). Unlike Child Support, while there are guidelines they are NOT law. Bottom line there is a huge amount of discretion and variation on spousal suppport.

Well said.

[FightingForFamily]

Read the SSAG and familiarize yourself with the concepts and reasons for SS under the law.

Even if your partner moves into a mansion with a millionaire for a new partner, you may still be required to pay an enormous amount of support for many years on a compensatory basis.

In the same vein, your partner may have been employed throughout the marriage and make a decent living and be able to afford a home and pay their bills and still be entitled to spousal support on a non-compensatory basis because their standard of living has fallen significantly.

What events occurred during the marriage and the standards of living before, during and after the marriage are the most relevant things to consider.

[arabian]

^good post

[FightingForFamily]

If there are children involved, the courts generally do not give fixed end dates on spousal support. Instead it is called "indefinite" and has conditions under which the support will be reviewed and possibly adjusted or terminated.

For example, the date at which the youngest child enters school full-time. This gives the CP a substantial amount of time each day in which they are expected to be productive in supporting themselves and the children.

Sometimes depending on the age of the children, it can the date when the youngest child finishes high school, for similar reasons.

We'd all like a "fixed end date" on paying spousal support but it's rarely done when kids are involved because leaving their CP scrambling for money and ignoring the situation isn't in their best interest.

[elizabethpublicover]

see redpath v redpath where support was terminated on repartnering. Other cases have not been so successful and the key factors will be the question over compensatory spousal support, and whether the new partner provides a higher or lower standard than the marital home. There should a reduction based on reduced "needs based SS", but if she gave up work during the marriage then she will likely still have a claim for "compensatory SS"