What can the other spouse do? Here are a few solutions:. A spouse who can't pay can ask a judge to order the other spouse to pay or to temporarily help pay the house expenses. John owns the house, but he has gone to live somewhere else. He is refusing to pay the expenses for the house his wife Irene lives in, even if he is able to.
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Irene can't afford the expenses. She can ask a judge to make an emergency decision ordering John to pay some of the house expenses. In some cases, neither spouse can pay the house expenses after the separation.
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In this case, they can consider putting the house up for sale. However, if one spouse wants to sell the house but the other doesn't, the one who wants to sell can ask a judge to order the sale of the house and set the conditions of the sale. In all cases , it can be very helpful for the spouses to advise their bank or financial institution of their situation.
If the spouses rent, what happens when the spouse who signed the lease leaves after the separation and stops paying? Usually, the spouse who signed the lease must pay. In other words, the spouse who is no longer paying rent can be sued, and the other spouse might be forced to leave the apartment.
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To avoid having to leave, the spouse who did not sign the lease can pay the rent and ask a judge for an emergency decision giving exclusive right to live in the apartment. If this spouse can't afford the rent, he or she can ask a judge to order the other spouse to continue paying the rent temporarily. Also, it is possible for one spouse to take the other's place as the person on the lease. To do this, the spouse whose name is not on the lease must send a written notice to the owner within two months after the separation.
Once this spouse is on the lease, he or she must pay the rent. When a couple separates, one spouse might be making payments for the other spouse to avoid losing important property or to prevent damage to his or her credit rating. The spouse paying can ask to be paid back, no matter the reason.
This spouse will generally be refunded, but there is no guarantee. It is important to keep proof of payment e. In addition, since the refund of expenses is not considered urgent, the spouse must wait for the final divorce judgment to learn whether or not the judge will order reimbursement.
Your starting point for legal information
However, the spouse paying can ask the judge to make an emergency decision to temporarily settle which spouse is responsible for which expenses. The spouse paying can also try to reach an agreement with the other spouse before paying an expense. Usually, the money in a joint bank account must be divided equally. If one spouse spends the other's share, the spouse whose money was spent can ask a judge for reimbursement.
The spouses can call the bank together to cancel a joint credit card. This means that the courts can use them as a helpful tool, but they do not have to. It also means that the guidelines can be used for spousal support issues when the two parties were not married and therefore are not using the Divorce Act. For more information on the Spousal Support Advisory Guidelines, click here. There are two formulas included in the SSAGs for helping to work out spousal support amount and duration length :.
The formulas give a range for the amount of spousal support that may be paid, not a specific number.
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The specific number is to be negotiated, or to be determined by a judge, and depends on the facts of the situation. It also factors in the need to provide care and support for the children. The formulas are designed to be used for first-time spousal support decisions. The SSAGs and the formulas look at many different pieces of information, and using them can be difficult. You should speak with a lawyer for advice about your situation, and to get help in doing these calculations.
Remember, the SSAGs and the formulas are guides only — the court does not have to use this information, though it can be helpful for you to provide this material to the court. The fact that you draw your income from social assistance or income assistance is not considered when determining whether you qualify for spousal support.
However, if you receive spousal support while on social assistance, the amount you receive for your support will be taken off of your assistance payment. If you are worried that your ex will not pay their child support or spousal support payments, you may be able to assign your support order to the government. This means that if your ex does not pay their support, you can still get your full assistance payment, and the government can collect the money owed from your former spouse.
If this is your situation, speak to your assistance worker for more information. If you do not have a court order for spousal support, you may be able to apply to the court for one. Where you make your application can depend on where you live, where the other party is living, and whether you were ever divorced from the other person.
Paying Expenses When Spouses Separate
If you and the other party have a separation agreement, you can apply to register the agreement with the court. All child support and spousal support orders in Nova Scotia are automatically sent to MEP for enforcement. For more information about MEP, click here. If you are already enrolled with MEP, you will need to speak with your enforcement officer if you are having difficulty getting your support payments, or if the other party is not paying.
If MEP is not enforcing the order, there may be other options available to you, but you will need to get advice from a lawyer about what to do. Divorces for spouses with a covenant marriage are not discussed here. Article provides for a no-fault divorce for marriages with or without minor children. Article no-fault divorces are for spouses who have not yet been living separate and apart for the required waiting period , which is either or days. If there are no minor children, or if there is physical or sexual abuse, then the waiting period is days.
If there are minor children, then the waiting period is days. The advantage of an Article divorce is that the community property will be terminated retroactively to the date of the initial filing of the petition for divorce. It also allows you to begin resolving incidental matters such as child custody, visitation rights, child support, property rights, and spousal support.
These matters can be resolved either by mutual agreement between the divorcing couple or by court order if the couple cannot come to an agreement. Article no-fault divorces are for spouses who have already been living separate and apart for the required waiting period , which is either or days. Parties to an Article divorce can normally get a final judgment of divorce within one month of the papers being filed. Article also provides for two fault-based divorces for marriages with or without minor children.
The two fault-based grounds for divorce under Article are for where the other spouse has committed adultery or where the other spouse has been sentenced to death or imprisonment at hard labor for committing a felony. There is no waiting period for an Article fault-based divorce. What kind of proof is needed to get a divorce based on adultery?
The person seeking a divorce must have actual proof of the adultery to get a divorce based on adultery.
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Examples of actual proof include: photographs, video, witness testimony, text messages about an affair, Facebook posts, Instagram pictures, etc. What is the time period for getting a divorce based on adultery?
belgacar.com/components/ecoute-telephonique/installer-mouchard-sur-portable.php The person seeking a divorce based on adultery can get an immediate divorce. There is no waiting period of physical separation. If there are children born of the marriage, but they are now adults, what is the separation period for a divorce? If there are children born of the marriage, who are now adults, the spouses must live separate and apart for six months. What issues may be decided in a divorce case?
The court will decide the issue of termination or dissolution of the marriage. This is the legal term for divorce. The court will end your marriage and all the legal benefits that are a part of your marriage. The court can also decide incidental matters such as child custody, visitation rights, child support, spousal support also known as alimony , and how to divide up property.
Will the court appoint a lawyer for me? Probably not. Court-appointed lawyers are usually not available in divorce cases. What if my spouse has disappeared? If a spouse disappears under circumstances that make death seem certain, although the body has not been found, a proceeding can be filed to have the death recognized by law, thereby terminating the marriage.