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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100429
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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If I move out of marital home, as my spouse wants to separate,

Customer Question

If I move out of marital home, as my spouse wants to separate, do I forfeit my right to spousal support?
Submitted: 2 years ago.
Category: Canada Family Law
Customer: replied 2 years ago.
We have been married 2 years. He recently went to a lawyer and I received a letter saying he wants exclusive possession of the marital home by July 31st, or will go to court, me to pay his expenses. I have been and am willing to move out, but cannot afford to rent an apartment. He has refused to assist with the cost of that, so I am forced to remain here. I am reluctant to move out though, as I am afraid it would make me ineligible for spousal support, etc.
Expert:  Legal Ease replied 2 years ago.
It will not make you ineligible for spousal support if you move out of the house. But you don't have to move out of your matrimonial home until either all the issues are settled or he gets an order. It is not likely he will get an order without there also being a consideration of the other issues. It is generally inadvisable to move out until there is an order or agreement as you have a much stronger bargaining position while remaining in the home because he wants you out.
Customer: replied 2 years ago.
I have received conflicting information from 2 lawyers regarding possible spousal support. One said that because when I married and relocated, I gave up a geared-to-income apartment, which I had waited about 4 years to get into. I am again on a waiting list for gti seniors housing, with special consideration and top priority because this relationship has been emotionally and psychologically abusive almost from the beginning. At his request, I also rehomed my two cats, which I had had for about 5-6 years. I will now be required to relocate back to the town I previously lived in. In getting married, I gave up my home, friends, church, etc.I also have severe glaucoma, and may lose my vision in the future. This may now require me to have to hire and pay for assistance, in order to remain independent and live in an apartment.One lawyer indicated that he would try to obtain about $1,300 to $1,500 per month for 18 months in spousal support.Another lawyer said that because we had only been married for 2 years that I would not be entitled to much spousal support.The first lawyer also told me I would be entitled to half the increase in assets since our marriage. Another source indicated that I would not likely be entitled to this.I am confused. Can you please clarify what I would be entitled to as far as spousal support, etc.Thank you.
Expert:  Legal Ease replied 2 years ago.
There is no formula for determining spousal support but after such a short marriage in most cases it would be very small and not go on for very long. As you had to uproot yourself you have a stronger case for more support. You can use this online calculator to give you an idea of what a Court may award: you uprooted yourself you would be at the high end. The division of the value of the assets is a separate issue and has nothing to do with support. Based on your very short marriage it is not likely you would share in any assets brought into the marriage nor any acquired during the marriage unless you contributed to their value.
Customer: replied 2 years ago.
Sure doesn't seem fair. He made vows for "life", and after 2 years wants a separation because "it isn't working", but he is not willing to do anything to make it work. He totally messed up my stable life, caused emotional upheavel, while I make all the changes, do all the work, etc. Seems he gets of pretty scot free.Would there be any point seeking more than what the guidelines indicate? What about moving expenses, and additional funds to help replace the personal items I disposed of, as thought no longer required them?I would not expect to share in the total value of the assets,but would I be entitled to half the INCREASE IN VALUE over the 2 years of our marriage.It has been suggested that I seek Legal Aid. Would a layer assisting me in that way really have any interest in doing the best for me? Would it just drag on and on, if using Legal Aid as no incentive to get it over with by the lawyer?
Expert:  Legal Ease replied 2 years ago.
It may not be fair but our legal system is based on a no fault divorce system so his conduct and even if there was marital misconduct doesn't matter from a legal point of view. You may be able to get some of the costs you incurred as you are not supposed to be harmed by the marriage or its breakdown and you could possibly get legal aid as this is a family law matter.The lawyer for legal aid is as ethical as any other and has the same reasons to do the best for you so there is no harm in using a lawyer funded by legal aid.It is not likely you would share in the increase in value of assets brought into the marriage as I've already said. That is usually for marriages of at least 5 years.

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