How to Deal With the Difficult Issue of Spousal Support in Your Separation or Divorce
Should one spouse have to keep paying spousal support year after year when the other spouse is capable of earning more money with training and education?
What about other situations in which the former spouses really should be able to examine the payment of spousal support after a few years have passed since their separation?
What can be done in these situations?
Hi, my name is Thomas O’Malley. I’m an experienced family lawyer in Durham Region and the GTA.
After Peter and Jennifer separated, they agreed that Peter would Jennifer $1800 a month in spousal support. They also had two children and Peter was paying child support as well to Jennifer.
Interestingly, they also agreed to a term or clause in their written agreement that spousal support could be “reviewed” three years after Peter starting paying spousal support to Jennifer.
One thing you can learn from Jennifer and Peter is…
But before I explain what you can learn, let me point out that a spousal support review clause is a very important clause or term to put into your written separation agreement to review how much, if any, spousal support that a spouse should continue to pay to their former spouse.
A spousal support review clause is used in situations in which one spouse must still have the opportunity to recover from the financial disadvantages arising the common law relationship or marriage and its breakdown.
Common examples are the need of a spouse to establish a new residence, start a program of education, train or upgrade skills, or obtain employment.
In the case of Jennifer and Peter, Jennifer was unemployed at the time of separation.
Their written agreement stated that Jennifer needed some time to retrain and find work.
In fact, these spouses actually put in specific language to discuss the purpose of the spousal support review clause. In this particular case, the purpose of the review clause “will be to determine (a) if the mother has pursued her obligation to set out retraining and employment in good faith, (b) whether the mother has been successful in finding employment, (c) the realistic amount of spousal support which should be attributed to the mother as a result of her retraining and the employment opportunities, and (d) to allow the mother to obtain part time employment with a smaller income in order to finance her retraining and education without affecting the amount of spousal support.”
The court found that Jennifer had reintegrated herself into the workforce without difficulty following a transitional period after the spouses separated. Peter no longer had to pay spousal support to Jennifer since she was now self-sufficient.
The lesson to learn from this case is that you should seriously consider a spousal support review clause in your situation when spousal support is paid depending on the facts of your case.
In an increasing number of cases, a spouse simply needs a few years to get retraining or enter the workforce again to start moving towards self-sufficiency. In these cases, you should consider a spousal support review clause in any written separation agreement or settlement.
Make sure you spend some time with your family lawyer discussing this important issue in your separation or divorce.
If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office. You can leave a message on my Facebook law office page, visit my website at www.canadiandivorcelegaladvice.com, or call me directly at 905-434-8837. We would be happy to speak to you.
Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group?
Click here for more details: Durham Region Separation and Divorce Legal Support Group
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