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Ask Debra Your Own Question
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101027
Experience:  Lawyer
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Does my spousal support continue if I remarry

Customer Question

does my spousal support continue if I remarry
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Is there an order or an agreement?What does the border agreement say about the duration of support? What does it say about variations and reviews? What does it say about what constitutes a material change in?What province are you in?
Customer: replied 1 year ago.
I am in Ontario. There is an agreement but am unable to access the copy I had of the agreement. I don't believe it said anything about duration. Can you tell me how I might access a copy of the agreement so I can verify this.
Expert:  Debra replied 1 year ago.
You would have to ask the lawyer or mediator for a copy of the agreement. In most cases it would not be registered with the court unless there was an issue about enforcement. For the most part the answer to your question lies in the agreement.In most Ontario separation agreements it would say that support can possibly be varied if there is a change in circumstance and one of the material change of circumstance would be remarriage. That does not mean that support would end but it would mean that there are grounds for seeking a variation. Whether support would end would depend on the facts such as your new spouse's income versus your old spouse's income for example.Do you see what I mean?
Customer: replied 1 year ago.
I look forward to your repsonse
Expert:  Debra replied 1 year ago.
I did respond. But I am not a computer generating an answer. I am a human being trying to type. I cannot answer in a few seconds. Did you see my answer now?
Customer: replied 1 year ago.
Relax, no offense intended.....I will need to look at a copy of my spousal agreement to answer your questions and I donot have a copy...can you let me know how to access a copy of my spousal agreement
Customer: replied 1 year ago.
I see what you mean...... so you're telling me I need a lawyer (meant in good humour)....in seriousness, you helped me orient my thinking as I wade back into a bad moment in time.
Thankyou
Expert:  Debra replied 1 year ago.
You don't necessarily need a lawyer. You need the agreement. And the agreement will also most likely say what happens if there is a dispute and it may be that you have to try and mediate first.
Customer: replied 1 year ago.
So to recap, I need a copy of the agreement and I can best access this by calling original lawyer involved. Then, if these issues you've pointed out to me are not addressed in the agreement, I'll come back to you and ask the next set of questions.
Thankyou
Expert:  Debra replied 1 year ago.
For sure.That makes good sense.