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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101442
Experience:  Lawyer
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I have been separated years. Married and lived together

Customer Question

Hi....I have been separated for 7 years. Married for 27 and lived together for 4 years before we got married. My spouse has kindly been paying me spousal support for most of the 7 year separation ($300.00 per month)
Shortly after he left, I had a severe right leg injury and I did sue and was awarded, after 7 years $87,000.00. Is he entitled to any of that money. It happened when we still together but that is questionable. I only receive CPP disability because of the nature of the injury and it is very difficult to walk. He has stopped paying support because I received that money....I am not being selfish but that money will not go far.....
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Awards for pain and suffering are not assets to be shared, so you will not share any of the money you received due to being harmed even though it happened before you were divorced.

It is unfortunate that this spousal support issue was not handled in a more formal way. After such a lengthy marriage and considering that you even lived with him for several years before your entitlement to spousal support is very strong if he had been supporting you throughout your marriage, and it would likely go on indefinitely. If you need spousal support then it is likely that he would have to provide it. And, unless his income is exceedingly low, he would have to provide you with much more than $300 a month.

It would make sense for you to consult with a family lawyer face to face at this time.

Let me know if you need further clarification.