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Family Law Final Version…65 factor

Posted in Burlington, Divorce, Location, Ontario by Questions on January 6, 2014

The new final version of spousal support infers that unlimited support will be provided should the age of the recipient at the time of the separation plus the number of years of the relationship be or exceed 65. As a recipient , my aged far exceeds 65. My ex has requested a review of support in the future. We both are retired pensioners. There is a huge discrepancy in our pensions…his over 100K, mine under 38K. With regular COLA increases, he has means for unlimited support. Does the 65 factor support my claim for unlimited support. I want closure, to avoid litigation and on-going stress in my senior years. I am almost 70. Can the ’65 factor’ argue for unlimited support? Thank you for some advice.

1 Expert Comment

  1. On January 8, 2014 at 1:35 pm
    A Family Lawyer said:

    The link for the paper on the SSAGS is http://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/pdf/SSAG_eng.pdf or you could consult with a lawyer for more information, if you do chose to consult the paper I see @ page 62 some information concerning Rule of 65. Frankly, I do not what you mean by the phrase “unlimited support”. The Rule of 65 only pertains to the duration of a spouse’s obligation to pay spousal support. The Rule of 65 means that there will be an indefinite obligation. However, that obligation could be terminated in the future if you commenced cohabitation or for multiple other reasons, as such it is best to consult with a lawyer to obtain better information as to what may impact an ongoing obligation. However, the Rule of 65 does not mean permanent support, and does not impact the quantum of amount of support. Even though your ex is retired, depending on the terms of his pension plan and his age, his pension amount may reduce in the future, or increase in the instance of the COLA, and otherwise he could already be receiving OAS and CPP and start receiving that in the future, also either one of you could commence cohabitation with someone else in the future – the point here is that there could be a number of changes in circumstances that would effect the support amount now being contemplated or paid so unfortunately for as long as there is a support obligation there would also be potential to have different amounts of support to be paid.

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