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Hello, Can an ex-spouse sue for alimony after being paid

Customer Question

Hello,

Can an ex-spouse sue for alimony after being paid a lump sum as per the separation agreement (province: Ontario)?

Thank you.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Debra Thal :

Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Debra Thal :

Did your ex-spouse have independent legal advice before signing the agreement?

Debra Thal :

Was there full financial disclosure before signing the agreement?

Customer:

Hello, as for independent legal advice before signing the agreement - no, this was a joint agreement.

Customer:

Yes, there was full financial disclosure.

Customer:

The motivation for my question is that I will purchase a property with a business partner and I want to make sure my ex-spouse upon hearing this will not try to come back for more alimony since I already paid a lump sum (close to $10,000 CAD).

Debra Thal :

Well, the problem is that because your ex-spouse did not have independent legal advice it is possible that the agreement could be set aside by the Court.

Debra Thal :

But if the agreement was fair then that would not likely happen.

Debra Thal :

What may make sense for you now, is to briefly have a lawyer review the financial information, your facts and the agreement to see if it was essentially fair.

Debra Thal :

And the lawyer can advise you as to what your ex-spouse's chances of success are if there was an attempt to have the agreement set aside.

Debra Thal :

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Debra Thal :

Let me find you the number to call.

Customer:

Do you believe I should hold off on the purchase of the property until I receive the final divorce papers? Will that then rule out the possibility for extra spousal alimony?

Debra Thal :

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Debra Thal :

No

Debra Thal :

That will not rule out the possibility unfortunately.

Customer:

okay. Thank you very much.

Debra Thal :

You are very welcome.

Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87349
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Expert:  Legal Ease replied 1 year ago.
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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