Will I have to pay Alimony?

Posted in Divorce, Kemptville, Location, Ontario by Questions on February 24, 2014

My husband considers himself sick – but has not been diagnosed with any aliment by a doctor. He has not worked for about 4 years. He has seen many specialist but has not been diagnosed with anything at all. He is now working part time – 20 hrs a week – and I work full time – same employer for 25 years and now make about 2.5 times more an hour than he does. Our children are grown and moved out – I would like a divorce and am wondering if I will have to pay alimony or any kind of payment to him.

1 Expert Comment

  1. On February 25, 2014 at 8:33 am
    A Family Lawyer said:

    Entitlement to spousal support is based on the obligations that spouses have to support themselves and their partners provided they have the means to do so and their partner has need. Your argument against spousal support in those circumstances would be challenging and based on research evidence linking his job skills set and background education and training with available work and therefore you would need to have proof of his skills, education, training, and available jobs. There is a status quo in place as to not working. However, you should consult a lawyer as to any arguments pertaining to imputing income to him. Perhaps you want to calculate spousal support based on imputed income to him (what he could potentially earn) and your gross annual income and then calculate spousal support based on his part time income and your annual income and these calculations would represent your respective positions on the issue.

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