Should the Divorce Laws in Canada and the USA be overhauled?

[Braveheart]

About spousal support

The federal Divorce Act sets out the spousal support rules for married couples who divorce. Since the Divorce Act is a federal law, the rules apply across Canada.



Provincial or territorial laws set out the rules for unmarried couples who were in a common-law relationship and for married couples who separate but who are not divorcing.



Under the federal Divorce Act, spousal support is most likely to be paid when there is a big difference between the spouses' incomes after they separate. However, this is not always the case. A court may decide that the spouse with the lower income is not entitled to support. The court may reach this decision if that spouse has a lot of assets, or if the difference in income cannot be traced to anything that happened during the relationship.



Under provincial law, common-law partners in Quebec are not entitled to spousal support when they separate. (In Quebec, common-law partners are usually referred to as "de facto spouses.") In other provinces and territories, a common-law partner may be eligible for spousal support from the other partner. This may depend on how long the couple lived together before they separated. For example, in some provinces and territories a common-law couple must live together for two or three years before either partner is eligible for spousal support.



Provincial and territorial rules vary across Canada. You are encouraged to check the website of your provincial or territorial Ministry of Justice or Attorney General for this information or you may contact a lawyer.



Factors judges consider

Judges must consider a number of factors when deciding if a spouse should get support after a divorce. These factors include:



the financial means and needs of both spouses;

the length of the marriage;

the roles of each spouse during their marriage;

the effect of those roles and the breakdown of the marriage on both spouses' current financial positions;

the care of the children;

the goal of encouraging a spouse who receives support to be self-sufficient in a reasonable period of time; and

any orders, agreements or arrangements already made about spousal support.

Judges must also consider whether spousal support would meet the following purposes:



to compensate the spouse with the lower income for sacrificing some power to earn income during the marriage;

to compensate the spouse with the lower income for ongoing care of children; or

to help a spouse who is in financial need if the other spouse has the ability to pay.

At the same time, the judge must consider that a spouse who receives support has an obligation to become self-supporting, where reasonable.



Spousal Misconduct

Canada has no-fault divorce law. This means the reasons the marriage ended do not affect a spouse's legal obligation to support the other spouse following a divorce.



Payment of both Child and Spousal Support

If either spouse is paying child support, the judge must also determine how a requirement to pay spousal support would affect child support payments. The Divorce Act clearly states that a judge must give priority to child support when a person applies for both child and spousal support. Both parents have an obligation to support their children.

[RW]

So in the case of a stay-at-home parent, spousal support maybe be awarded



They don't have that in Oz?

[Anonymous]

For every screwed over divorced father there is probably at least double that number of screwed over mothers raising children alone from failed unions. While I believe the courts can be somewhat biased toward mothers and children, its the men who thought they were going to be free and clear of their responsibilities by divorcing their spouse who are the real problem.



I know several divorced women who have to scratch and claw for every dime that is owed to their kids because the father is a deadbeat or they simply have a lackadaisical attitude toward their responsibilities.



As it's been already said by the wolf dude...."real men pay their child support".

Divorce is such an ugly thing Renee, even when it's necessary..



We have several divorced families in our church and they are the ones I know of..



It should be harder to get married.

How so?

I was wondering that too.



How would that be accomplished? Minimum age and length of relationship requirements? Proof of financial means? Compatibility testing? Lie detector tests?

I don't know, I haven't thought about the how part.

[Bricktop]

For every screwed over divorced father there is probably at least double that number of screwed over mothers raising children alone from failed unions. While I believe the courts can be somewhat biased toward mothers and children, its the men who thought they were going to be free and clear of their responsibilities by divorcing their spouse who are the real problem.



I know several divorced women who have to scratch and claw for every dime that is owed to their kids because the father is a deadbeat or they simply have a lackadaisical attitude toward their responsibilities.



As it's been already said by the wolf dude...."real men pay their child support".

Damn straight.



Any man that abandons his children is no man.

[Ace]

Reference?



Here in Oz, there is no such thing as alimony. Only child support, which ceases when the child turns 16 unless the Court orders otherwise. There is no need to prove fault in a divorce application

Australia has what's called "spouse maintenance."  By no means is it the lottery winnings that alimony is here in Canada and the States, but it does exist there still, in a much lesser form.

[Anonymous]

Reference?



Here in Oz, there is no such thing as alimony. Only child support, which ceases when the child turns 16 unless the Court orders otherwise. There is no need to prove fault in a divorce application

Australia has what's called "spouse maintenance."  By no means is it the lottery winnings that alimony is here in Canada and the States, but it does exist there still, in a much lesser form.

Do you pay alimony Ace?



Do no answer the question if you feel it is too personal.

[Ace]

I'll answer any question!



I do not pay alimony.  I'm smart when it comes to women, as I know deep down what many truly view men as.



I treated my ex very well, but when she left, she wasn't entitled to a dime, and didn't get a dime.

[Ace]

And other simple things, like holding joint bank accounts, are things that I simply refuse to do.



As much as I loved her, and her wanting to Marry me, I knew full well even then how women work.



And I was right!  It's not that hard to predict outcomes, as first marriages have a failure rate of over 50%.  Subsequent marriages have even a higher failure rate.



I'm good with numbers, and know what "odds" are...  It's easy to be blinded by women when they put the "I Love You" act on.  It's just an act with women.  It ALWAYS is just an act.



And as such, I always protect myself in the event that they leave.

[Anonymous]

I have been divorced and I have paid child maintenance payments, but not for my ex.

[cc]

Mate and I each took 2 brief tries with others. Both of us afflicted with the dreaded slow learning curve for selection, we finally got it right



 It took for both of us right from its insane crazy start and continues to be an increasing  pleasure for 25 years, a definite keeper for both of us ... "still crazy after all these years"  



3rd time lucky, very lucky  ac_smile .. hang in there, choose wisely and for reasons that matter most to you. It can happen in the end

[Anonymous]

Mate and I each took 2 brief tries with others. Both of us afflicted with the dreaded slow learning curve for selection, we finally got it right



 It took for both of us right from its insane crazy start and continues to be an increasing  pleasure for 25 years, a definite keeper for both of us ... "still crazy after all these years"  



3rd time lucky, very lucky  ac_smile .. hang in there, choose wisely and for reasons that matter most to you. It can happen in the end

I got married and became a dad young. We grew up together and I still talk to my ex even though we both remarried. Second time around much better. I met her while working in Indonesia, but she is not Indonesian. There is an age difference between us and a cultural divide that seems to get smaller with the passing of time.

[Anonymous]

Mate and I each took 2 brief tries with others. Both of us afflicted with the dreaded slow learning curve for selection, we finally got it right



 It took for both of us right from its insane crazy start and continues to be an increasing  pleasure for 25 years, a definite keeper for both of us ... "still crazy after all these years"  



3rd time lucky, very lucky  ac_smile .. hang in there, choose wisely and for reasons that matter most to you. It can happen in the end

I got married and became a dad young. We grew up together and I still talk to my ex even though we both remarried. Second time around much better. I met her while working in Indonesia, but she is not Indonesian. There is an age difference between us and a cultural divide that seems to get smaller with the passing of time.

Can you give an example of a cultural difference you and your wife have experienced Herman?

[J0E]

Mate and I each took 2 brief tries with others. Both of us afflicted with the dreaded slow learning curve for selection, we finally got it right



 It took for both of us right from its insane crazy start and continues to be an increasing  pleasure for 25 years, a definite keeper for both of us ... "still crazy after all these years"  



3rd time lucky, very lucky  ac_smile .. hang in there, choose wisely and for reasons that matter most to you. It can happen in the end

I got married and became a dad young. We grew up together and I still talk to my ex even though we both remarried. Second time around much better. I met her while working in Indonesia, but she is not Indonesian. There is an age difference between us and a cultural divide that seems to get smaller with the passing of time.

...and she'd move all the way to Saskatchewan with you? Man, that must be a leap of faith to jump into those prairie winters, eh Herman?

[Anonymous]

Mate and I each took 2 brief tries with others. Both of us afflicted with the dreaded slow learning curve for selection, we finally got it right



 It took for both of us right from its insane crazy start and continues to be an increasing  pleasure for 25 years, a definite keeper for both of us ... "still crazy after all these years"  



3rd time lucky, very lucky  ac_smile .. hang in there, choose wisely and for reasons that matter most to you. It can happen in the end

I got married and became a dad young. We grew up together and I still talk to my ex even though we both remarried. Second time around much better. I met her while working in Indonesia, but she is not Indonesian. There is an age difference between us and a cultural divide that seems to get smaller with the passing of time.

...and she'd move all the way to Saskatchewan with you? Man, that must be a leap of faith to jump into those prairie winters, eh Herman?

[cc]

Sorry about posting something in 2 threads, but this one belongs here



 I always loved this fun one of Roy's  - Can't find a live version



Thank God and Greyhound She's Gone - His lighthearted parody of country music