Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Family Law Final Version...65 factor

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

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.

Expert Comment:

Notify of
Inline Feedbacks
View all comments
A Family Lawyer
7 years ago

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.

Latest Questions Asked:

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

DC Icon

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

DC Icon

I got married in Toronto and divorced in Mexico City. Do I have to register my divorce in Toronto?

I got married in Toronto to my Mexican ex-husband and we divorced in Mexico City in 2009. From what I understood from the divorce proceeding, the judge ordered the court to inform the Ministry of Foreign Affairs to notify the Canadian authorities of my ...

DC Icon


How is the remaining contribution room of a child's RESP shared (assuming an RESP is started but contributions are less than the maximum $50k per beneficiary) if no stipulation was made in the separation agreement? (Note: also assuming each parent cont ...

See All Questions
Would love your thoughts, please comment.x