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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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  #1  
Old 12-15-2012, 01:49 PM
bobs 999 bobs 999 is offline
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Default spousal support after 3 years

i ve been separated for over 3 years we did a separation agreement our selves 3 years ago no lawyers were involved we both signed it no witnesses but our own .We the went to a lawyer to change over property into her name and my name she also got a cash settlement and agreed to no spousal support .we had 1 child together she is 19 out of school living on her own .She had 1 child he is 26 living on his own .There was some threats around 2 years ago about agreement not being fair nothing filed in court thou .I worry about her coming back at me all the time will there be time when i won t have to worry about this .Even thou she's not doing anything right now .We are both self employed but she is saying she's not making any money .I make around 30.000 to 40000 any time line on this on how long she has to go to the courts for s.s. and the asset settlement Thank you this site it's wonderful
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Old 12-15-2012, 02:09 PM
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A good lawyer could state your ex did not get ILA (independent legal advice) before she signed an agreement essentially giving up future claim for SS. Assuming that your ex has passed the threshold for SS entitlement, she certainly could revisit the issue in the future.

Sometimes we make agreements in good faith when things are going smoothly and we're all feeling warm and fuzzy and want to cooperate. The problem is, when you make these sorts of agreements you don't take into consideration that the relationship between the two of you can, and often does, disintegrate in the future. Many times it is simply the addition of a new significant other that will initiate discourse. Rightly or wrongly the new person encourages their partner to revisit the agreement and go for the jugular, so to speak.

There is always a ready and willing lawyer out there who will try to get the two of you at loggerheads, resulting in large billable hours.

I would immediately seek legal counsel and find out what your options are. Once you are fully informed you can proceed in a variety of different ways. You can have a frank discussion with your ex and try to work out a solution that works for the two of you or you can simply wait for your ex to make the first move. Either way I'd want to get things signed by lawyers. This way you can look to the future with no rude surprises.

Good luck - hope you can continue to minimize your legal costs but more importantly get things finalized.
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Old 12-15-2012, 02:37 PM
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Default ss threshold

what would be the ss threshold entitlement be ,
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Old 12-15-2012, 02:46 PM
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You should go online and read up on spousal support entitlement. There are three factors for determining SS. If your ex passes the basic threshold for SS then there are factors which will determine amount and length of receiving SS. One basic factor is the rule of 65 (also lots of information on the internet). Basically rule of 65 is simply age of your ex + yrs you were married/living together. This simple calculation can determine duration of SS.

SS isn't straightforward and there are many other factors to consider. Compensatory - Did he/she give up career or suffer any financial set back to stay home and raise children (was it a traditional marriage).

Needs of person requesting SS is assessed and most certainly the ability of the payor to pay the SS is examined.

Happy reading.
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Old 12-16-2012, 10:25 PM
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Quote:
Originally Posted by arabian View Post
...
I would immediately seek legal counsel and find out what your options are. Once you are fully informed you can proceed in a variety of different ways. You can have a frank discussion with your ex and try to work out a solution that works for the two of you or you can simply wait for your ex to make the first move. Either way I'd want to get things signed by lawyers. This way you can look to the future with no rude surprises.
...
I would do nothing unless she actually starts a court action or makes an offer.

Not having ILA does not mean the agreement is invalid. Especially if it was reasonable.

Let sleeping dogs lie.

Unless you want a divorce immediately etc, otherwise, just let it be.
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Old 12-16-2012, 10:31 PM
Unevenplayingground Unevenplayingground is offline
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Quote:
Originally Posted by arabian View Post
A good lawyer could state your ex did not get ILA (independent legal advice) before she signed an agreement essentially giving up future claim for SS. Assuming that your ex has passed the threshold for SS entitlement, she certainly could revisit the issue in the future.

Sometimes we make agreements in good faith when things are going smoothly and we're all feeling warm and fuzzy and want to cooperate. The problem is, when you make these sorts of agreements you don't take into consideration that the relationship between the two of you can, and often does, disintegrate in the future. Many times it is simply the addition of a new significant other that will initiate discourse. Rightly or wrongly the new person encourages their partner to revisit the agreement and go for the jugular, so to speak.

There is always a ready and willing lawyer out there who will try to get the two of you at loggerheads, resulting in large billable hours.

I would immediately seek legal counsel and find out what your options are. Once you are fully informed you can proceed in a variety of different ways. You can have a frank discussion with your ex and try to work out a solution that works for the two of you or you can simply wait for your ex to make the first move. Either way I'd want to get things signed by lawyers. This way you can look to the future with no rude surprises.

Good luck - hope you can continue to minimize your legal costs but more importantly get things finalized.
Arabian,

I was reading what you said a good lawyer would state his ex didn't have ILA, but after so much time has passed would that not count for something? Basically his ex has been surviving on her own, would that set a precedence and make it harder for her to argue her need for ss? I'm just curious, I don't really know enough about ss...
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Old 12-17-2012, 12:21 AM
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Yes you certainly might have a point but remember SS isn't necessarily always just about need, there is the compensatory factor. Just do some reading and look over some cases from your province. You just type in your browser: spousal support Ontario (or whatever province you live in) and you go from there. One link will take you to another and so on. Type in CanLII and browse through the cases and you can read up on some legal decisions and the judge's reasoning in making the decisions. On CanLII on a quick scan of the names look for something like Jones v. Jones or Smith v. Smith (usually the same names are matrimonial cases). I'm no legal whiz at using CanLII and others on this forum can likely give you better names of sites to start your reading.

A good lawyer, who is up-to-date on case law, can give you a pretty good idea of outcome but it is much cheaper to do the research yourself to start. Then when you do get legal counsel you won't be spending money on a lawyer explaining basic family law.
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