An Ontario court recently considered a situation in which a husband claimed temporary non-compensatory spousal support from him former wife, whose income had increased following their separation. What Happened? The parties began living together in 1997, married in 2000, and ultimately separated in 2013. They had three children together, aged 16, 12, and 10 at …
Read MoreThe Ontario Court of Appeal has upheld a cohabitation agreement that a woman signed decades ago without obtaining independent legal advice, finding no reason to overturn the agreement. What Happened? The parties in question began to live together in 1997. The husband had previously had an acrimonious separation and wanted to avoid a similar situation …
Read MoreThere are many issues to consider when deciding whether to marry or move in with a partner. One of them is whether or not you want or need a domestic contract. The following are some thoughts on these kinds of contracts to assist you in your decision. Many people are afraid of marriage contracts or …
Read MoreA man who was ordered to pay $10 million in spousal support and other payments to his wife of 40 years, spent six months in jail for deliberately ignoring the order and, to date, has not yet complied- potentially setting himself up for another finding of contempt and more jail time. What Happened? Brian and …
Read MoreBeware: If parties set off their child support obligations so that only one party ends up making a payment, there is the risk of losing child related deductions. Want to know more? Have a read through my latest article for AdvocateDaily at http://www.advocatedaily.com/jennifer-samara-shuber-spouses-must-pay-each-other-to-get-around-tax-law.html
Read MoreA recent Ontario Court of Appeal decision explored how courts address requests made by a spousal support payor who wishes to eliminate their support obligations towards their ex-spouse following retirement. What Happened? The parties in question were married for more than 24 years, and separated in 1990. They had one child together who, at the …
Read MoreI am pleased and proud to announce that I have been granted certification as a Certified Specialist in Family Mediation by the Family Dispute Resolution Institute of Ontario. I am glad to be a member of the FDRIO organization which is working hard to promote excellence and accountability in family mediation. I am trained …
Read MoreRetirement and a Consequent Income Reduction In Schulstad v. Schulstad, the Court of Appeal for Ontario rendered a decision on an appeal of an order terminating the husband’s obligations to continue to pay spousal support and maintain life insurance for the wife’s benefit past the husband’s retirement date. Prior to his retirement, Mr. Schulstad worked as a general surgeon …
Read MoreI just read an excellent paper on retirement and its impact on the payment of spousal support which I thought might be of interest to my readers. The paper is entitled “Can a Support Payor Ever Retire?” by Jodi R Fleishman. I would be happy to provide you with a copy of the paper – …
Read MoreIt is 6 am on the morning of the second day of trial. I have been up for hours. When I slept I dreamed of the trial. I am reminded of what it means to live and breathe a case. We opened our case yesterday. The judge is hard to read, nodding and listening and …
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