1-877-797-9411
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

"Material Change" and Duration of Spousal Support

Anonymous Asked:

I will say in advance, that I do have a lawyer in Alberta but I don't feel he is representing my interests but I have no way of knowing, further, I can't afford to keep paying him to tell me about all her rights and not explaining to me about mine. I also can't afford to fire him, and pay another retainer fee to someone else so I am reaching out in forums to find some answers or guidance. I am in the process of completing a separation agreement with my wife to finalize our divorce. I was in the Canadian Armed Forces (CAF) for 12 years but I'm not anymore. We have already agreed on division of finances, division of property, she has half my pension and the cost of spousal support. What we cannot agree on is what her and her lawyer are trying to force in to writing as what material change can and cannot be as well as the duration of spousal support. My concern is that her and her lawyer want it stated explicitly that since I quit the CAF that it can't be considered material change for the purposes or reduction or cancellation of arrears. My lawyer tells me that its the law anyways so I should just agree to it. However, If I agree to that language in the separation agreement, that to me says that no matter what happens to me in the future, new job, better job, worse job, legs cut off, etc... I will still have to pay, because I agreed that I left the CAF and that I can no longer as for a reduction or cancellation. Is this true? Or am I reading to much into it? The way I read the law is that my spousal support is based on my income, and I would rather the court decide that than her lawyer forcing me into a corner. Any advice? Also with the length of payment, my wife is 47 years old, she did have an accident years ago in a factory but she was pensioned off by WSIB and then fully retrained at an educational facility and program of her choice, and then has proven she can succeed and be gainfully employed in that field, further, she ha been trained in in medical office Admin and banking, both of which she has held successful employment in. Now she claims she can only find part time work in a bank , Mon, Tues, and Thursdays only. She has plenty of training and experience and time left in her career to support and better herself, why should I have to continue paying her for ever? Any advice?

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Douglas Get A Free Consultation: Call 1-877-797-9411 extension 4.
4 months ago

You are wise to be hesitant to sign the impugned “material change” agreement. It may be a good idea to provide some legal authority to the opposing party that supports the argument that requiring you to sign this clause is not lawful. Based on what you described regarding your financial circumstances, it may be impossible for you to hire one of our lawyers to research and analyze this issue, but if you can fund this research, your position would likely be strengthened. With regard to your second question, we could potentially argue that your ex should be self sufficient in the near future or by now and that her efforts to do so are/were inadequate and that she should be imputed such that your requirements regarding spousal support should be reduced.

Please call me anytime to further discuss

1-877-797-9411 ext 4

Douglas 

Latest Questions Asked:

DC Icon

Saving in separate savings account before start of Divorce process

I need some direction on how savings in separate accounts are treated before the Divorce process is initiated by any party. We never have joint accounts. Based on current situation, I think we may go down to divorce path soon ( May be 1 or 2 year). I a ...

DC Icon

Separation during pregnancy (Ontario)

Hi, I am in a stressful situation and would appreciate some help. I am around 30 weeks pregnant, and there is a possibility of me and my spouse separating. The due date of our child is around early Feb. Both of us are employed in stable jobs and live i ...

DC Icon

What do I need to do?

I have been married for three months. I don’t have any children, I don’t want anything from my husband, I just want to leave and feel okay again. What do I need to legally do to make this happen?

DC Icon

Got married and divorced in Brazil. Does it count in Canada?

Hi I moved to Canada years ago. At that time I was married with my ex-wife. Years later we got divorced in Brazil (the divorce took place in Brazil because she was living there at the time). I want to get married next year but I’m not sure if my divorc ...

DC Icon

How about the bank accounts and cash money of each spouse at separation or divorce time

Does the cash money or any accounts sums divide between spouses at the time of separation or divoce?

DC Icon

Requesting Cell Phone Records During A Divorce & Adultery Accusations

My son in law and daughter recently separated and he is now accusing her of cheating and is threatening to have her cell phone records brought into play. She has already given him everything (house, items etc) and is leaving with nothing. Can he do thi ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x