ALIMONY – OUCH, THAT CAUSES PAIN!

The thought of maybe having to provide their soon-to-be ex-spouse spousal support—also known as spousal maintenance or alimony—is the most annoying part of divorce for a lot of individuals. The majority of individuals are more than happy to agree to a fair asset split with their spouse and to pay child support when necessary, but many are not thrilled with the thought of having to give their spouse a sizable monthly spousal support payment. In both life and law, it is often the case that when something does not seem right, it is wrong. When a spouse thinks about providing spousal assistance to someone who is more than capable of providing for themselves, it is a bitter pill to take. While Canadian culture typically encourages individuals to take financial responsibility for their own actions, rules are also created by our society to encourage financial dependence on others. Why does this happen? What actions are available to us? I contend that far too often, individuals are unwilling to stand up to a spouse who demands a sizable monthly maintenance check. An unmanageable financial ball and chain might result from an improperly managed alimony claim against the payor spouse. My expertise and skill in litigation have led me to believe that a strong offense is often the best defense. First of all, it is common for the actual alimony award to be significantly reduced or for the recipient spouse to reach a reasonable settlement when spouses pressure their attorneys and the courts to thoroughly examine the issue of what income the spouse seeking a large award can earn earns. Being cowardly in this regard won’t help. It will benefit you if you take this seriously and defend your rights and self. To ensure that the process is fair and equal, you should rightfully expect your spouse to put in just as much effort as you do and demand that they disclose their actual income-generating capacity. Examining the legislation that will benefit you is a necessary step in advocating for yourself. For instance, the law allows the court to impute to your spouse any income that is appropriate under the circumstances, even if that spouse does not earn it, if they are purposefully jobless or underemployed. Lawyers and courts in Canada often turn to the spousal support advisory guidelines when someone is being requested to pay spousal support; this is because they haven’t adequately questioned their spouse’s right to spousal support in the first place. If your spouse files for spousal support against you, they must first persuade the court that they are entitled to spousal maintenance before using the spousal support advisory guidelines, which often entail significant, burdensome payments. Often, a simple difference in the parties’ wages is inadequate to prove a spouse’s right to spousal support. Refrain from caving in to your partner when it’s not necessary and avoid paying unnecessary expenses. You can lessen some or even all of the financial pain frequently brought on by an improperly handled spousal maintenance award if you approach your divorce from the standpoint that a self-sufficient spouse should, and you ask the necessary difficult questions regarding entitlement to alimony. British Columbian divorce attorney in Surrey