Ending Spousal

C

Canadaguy

Member
Currently in year 3 of paying $1,500 per month in spousal. Agreement signed and duration was agreed to for 5 years. She works part time and stays home with the kids until they start kindergarten in 2 years. Once the kids are in full kindergarten she will go back to work full time (obviously start looking for employment before September).

She has just informed me that she will be moving in with her new BF next month (his house).

Does this mean I can file a material change in circumstance as per our agreement and request termination of spousal now that he will be supporting her?

Our agreement has no clause or statement saying termination will end early if she gains full time employment or resides with a new partner or becomes common law. It just says for a duration of 5 years.
 
No.

Last time I checked 'shacking up' with someone isn't a Material Change of Circumstances.

If your agreement is for 5 years then you would have 2 more years to pay SS.
 
If you wanted to specify SS ended when she cohabited with someone then I believe you would have had to put it in the separation agreement.

When you think about it, how would that be enforced? What happens if she unchains herself from the person she is currently living with in a few months? Is she supposed to register who she lives with at the courthouse?

She's working and is going to work full-time as per your agreement. In order to end SS you have to show a Material Change of Circumstance (you lose your job, become ill and unable to work sort of thing) and even then the SS may or may not be reduced. Comes down to a Judge's discretion and a whole lot of money spent with a lawyer.
 
What condition do you have that says you can file a motion to change?

When you make an agreement, the SS guidelines, jurisprudence and everything else goes out the window especially if its been homologated by a judge).

If you have a firm end-date you should be pretty happy.

It takes more than a material change of circumstance I believe it takes a "reasonably unforeseeable material change in circumstance" like she becomes disabled (then the 5 year agreement would be trashed).
 
what does homologated by a judge mean? Our agreement was signed by us and our lawyers, should I take it to a judge and have him sign/stamp it? How do I do that, just walk into the court and file it? Will the judge read it and say it is not fair/horse crap and throw it out and enforce something different on us?
 
Canadaguy said:
what does homologated by a judge mean? Our agreement was signed by us and our lawyers, should I take it to a judge and have him sign/stamp it? How do I do that, just walk into the court and file it? Will the judge read it and say it is not fair/horse crap and throw it out and enforce something different on us?
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Having an agreement approved by a judge protects the children for starters, and judges aren't supposed to sign messed up agreements (i.e: agreements where there are no division assets) they may also refuse other clauses which are ridiculous.

That doesn't necessarily mean your agreement is not agreement - it is just that has never been approved by the court.

I wonder if it is also has an impact on spousal support tax deductibility since it isn't a "court ordered" payment to your spouse.

The judge will not throw out your spousal support agreement unless it puts somebody in the poor house or is unconscionable (like EVIL) or for any other reasons like fraud, lack of legal advice, etc....
 
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