Spousal Support and Fault: Is There a Connection?
In the Ottawa D
ivorce Blog, the author is critical of the Supreme Court of Canada's decision in Leskun v. Leskun suggesting the Court is allowing "fault" to creep back into whether someone should get spousal support. In that case, the wife claimed she was still unable to work 8 years after the marriage because she was still suffering from the emotional damage inflicted when she learned her husband of 20 years wanted a divorce so he could marry another woman.
I don't think Jeff has it right in his blog. The Court is not suggesting that someone can receive spousal support simply because of the wrong-doing of their spouse. The Court is looking at the impact of the wrong-doing and concluded that, in fact, the wife was unable to become economically self-sufficient as a result of her present state of health. I don't think it would matter if the cause of her inability was hearing her husband had an affair, or she was run over by a truck.
It's the impact of the event that rendered her unable to become self-sufficient.
I certainly agree with Jeff's suggestion that everyone should do their best to recover from their divorce, but I don't feel he is being fair when he characterizes Ms Leskun's state as being "self-inflicted". Let's give her a break. If learning her husband had an affair hit her like a truck plowing down the road full speed, rendering Ms. Leskun unable to become self-sufficient, she is entitled to spousal support in my books (and according to the Supreme Court of Canada too).
Hi
I was in common law relationship for ten years. We have three children together. He bought his house worth $94,000 back in 1994. Dad is also on the deed. I worked and contributed to the house. In 2008 he had treatment for cancer. I took time off work to stay at home with children. I officially moved out July 1, 2010. The children remained in the family home as their father does not work and receives CPP. I work shift work. I took nothing from the house and had to move into a rent subsidy unit. My highest earnings while together was $53,000 annually. We wrote up an agreement between us saying basically i won't go for house it will remain with him and his dad and i don't pay spousal or child support. i also in good faith signed over the monthly tax credit to help him maintain running the family home month to month. Mortgage i should say is $300.00
per month. between u s he said he would give me $250.00 to help me out, well never happened yet. i buy for my kids what they need . my main question is can he come back on spousal support on me? He brings in about 2,400 a month. After taxes with mu current job we are about equal. I have interest going after share of house as i was told by lawyer no guarantee of what i would end up with as it would be split three ways. This would cause great stress on kids 14, 8 and 6. Not worth it, nor can i afford a lawyer but don't qualify for legal aid. There is no question of access between kids come and go freely so that is no problem. He gets CPP, child tax credit each month and receives medical benefits . I work full time shift work so he likely has kids 65% because. We are currently doing one week about for visitation. He takes kids when i am working to save me money for sitter. I have said give me some money and i can hire someone to sit for me to make time more 50/50. his response is no. he is currently being tested again for cancer next week. what are my options if it is? we have never set foot in a court room setting , but i believe he has been to seek counsel as well as i have. he threatens constantly that i would have to pay spousal as well as child support. i believe wording we used was shared access for arrangements with the kids. I know he is tracking my time with the kids. Last month was eleven overnights. i need to mention that nights on my week where i can not keep kids i would pick up after school and have dinner with them and return them home. My annual income will be close to 44,000 this year. Am i right thinking the longer he goes without asking for my money to help support him the harder it will be if he goes that route in the future? Also he seems to think he will get everything if we do go to court i will get nothing.
Definitely feeling like one of the guys.