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## Seeking Guidance on Family Law: Support and Divorce

Hello LegalAdviceCanada,

I am hoping for some guidance on a family law question related to support and divorce. This is my go-to throwaway account.

I already have a lawyer, but affording their fees has become challenging amidst other responsibilities. Moreover, my lawyer has indicated that my situation is novel to them, necessitating additional charges for research to provide proper guidance.

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My ex is demanding spousal support, despite initially waiving this claim in a separation agreement with independent legal advice (ILA) from both parties. As she now seeks to set aside this agreement, I am left wondering how the support amount would be determined if she succeeds.

We were married for 6 years and have a child together, who resides with my ex in a low-cost living jurisdiction. I pay full table child support based on my income, which already exceeds the median salary in her location. Additionally, she has chosen not to work, comes from a well-off family, and has a top university education in her country.

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I have attempted to find relevant case law similar to my situation but have had limited success. Any advice or guidance on this matter would be greatly appreciated.

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2 Comments

  • Les_Ismore

    spousal support is not automatic. She has to be eligible before she gets anything.

    From your post it doesn’t look like she’s going to have a good time on eligibility. Firstly because of the agreement, and in any event it’s doubtful that she meets any of the criteria for eligibility.

    If somehow she did get support, the amount would be based on your income and hers, including the child support you are paying. That would be calculated using the Spousal Support Advisory Guidelines.