What are you entitled to in a DIVORCE (Canada)?

Question

In Canada, what can you get from your husband if you both agreed to a mutual divorce (where there's one child involve as well). I heard that once the wife gets a job, the husband stops paying the wife, just pays the child, & there's one lump sum?Until remarried?any advice at all? thanks.

Answer 1

As far as I know, the wife/husband are each entitled to half of what was earned during the marriage.  Whoever does not have custody of the children will have to pay child support payments.  Often, it can be unfair.  My uncle got divorced from his wife of about 20 years 10 years ago, and he STILL has to pay her support payments.  She won't get remarried although she has a boyfriend because if they were married she couldn't live off of him anymore.  She convinced my cousin to never talk to our side of the family (his dad's side) because she made up lies about him and moved him across the country.  My uncle lives in Toronto and makes a very high income, but had to live in a tiny apartment for several years before he could buy another house because most of his money had to go to this woman who wasn't even his wife any more!

Good luck to you (if indeed you are going through a divorce).  My boyfriend and I have been discussing marriage and he has said that the guys at work suggested a pre-nup.  It's hard to think about signing because I don't want to think about divorcing him, but I guess you never know.  

Answer 2

There are so many emotions connected to a question like this …but I’m going to stick with facts to answer your question.

Men typically make more money than women…right or wrong it’s a fact. When women take time off of work to raise children their earning potential decreases. When women choose to go back to work, they are typically at a disadvantage due to year(s) off to raise the children.

The amount that a Father has to pay is based on a percentage of what they earn compared to the Mother. Now…when a family splits up, the Mother has an obligation to provide for her and her children. However, the non-custodial parent has to pay child support and sometimes spousal support based on how much he earns. It is to ‘equalize’ the two households because the children should enjoy the same standard of living in both households.

In Canada we have a table (spousal support guidelines) that indicates how much is owed based on income. If there is a large gap between what the Husband earns compared to the Wife then the equalization is greater and is paid in spousal.  

However, as I mentioned the Mother ALSO has an obligation to work and better herself. If a woman was making $60,000 before child birth and has been out of the workforce for a few years to raise that child, there is an expectation for her to get back to that income bracket. Conversely, if the woman has never worked or obtained any skills there is an expectation for her to go to school or gain skills followed by employment. This takes time, but the law indicates that an effort has to be made.

This is where spousal support falls. If a Mother has taken years off to raise the child(ren) that is considered a job. However, when a family breaks up, it is expected that she tries to better herself and live independently. This takes time. Spousal support is ordered and reviewed on a time-framed basis. One cannot expect a woman that has been out of the workforce for awhile due to raising their children to be able to jump back into a well paying career. However, you are obligated to go back to work and help support your children.

Why would you want to be financially dependant on him for an extended period of time?  Why wouldn’t you want to make your own money and enjoy a sisne of accomplishment for yourself and your child?

ADD:

Should have included your additions to begin with!  You are entitled to child support, which is a set number based on his income.  You are entitled to spousal support and the amount and length depends on many variables, however your situation (the little that I know) sounds like it would warrent medium to high spousal based on his income.

Get a lawyer!  Go get free consultations at as many places as you can.  I have a tonne of resources that I'm happy to provide you but it is all Ontario based.  If you're in Ontario email me and I'll forward the info for you.   Otherwise start doing goggle searches on "spousal support" "province"

Answer 3

I'm in Canada, a woman and divorced. I didn't bother worrying about what I was entitled to, I concern was what was fair to us both. Get a job, get on with your life, leave him enough money to have a life of his own. It's best for your child.