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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 96491
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My wife and I are living together as we prepare our separation

Customer Question

My wife and I are living together as we prepare our separation agreement. I am the stay at home care giver (with no income) and she has a steady paycheque. She now has her paycheque deposited to her personal account and completely cut me off from our joint account and credit cards, leaving me with no access to funds of any kind. She tells me the bills are paid and I have food and that is enough.....is that right?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.
I'm sorry to hear that you are in this difficult situation.Until you sign a separation agreement or get a court order there is no way to compel your spouse to provide you with funds.And, given that you are living in the home and are not in dire straits you would not be able to obtain a court order on an urgent basis. At this point in time you have a home and food and so it may be that you will have to wait until you come to an agreement or else you may need to proceed to court but this will take some time unfortunately. The one good thing in your favour is that while you are indirectly receiving spousal support you do not have to pay tax on this amount. Once there is an agreement and your spouse has to pay spousal support you will need to declare that as income for tax purposes and your spouse will be able to deduct what she's paying you from her income for tax purposes.Does that clarify your issue?

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