How to balance retirement, divorce, and alimony? | ScriptaLegal
Personal Law Business Law Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Legal blog > Asset protection > How to balance retirement, divorce, and spousal support?

How to balance retirement, divorce, and spousal support?

The Quebec statistics show that more than half of marriages end in divorce. How, in the face of such statistics, can retirement, divorce, and child support be reconciled?

«Children are certain worries and uncertain comforts»
J. Clarke

Quebec statistics show that more than half of marriages end in divorce. How, in the face of such statistics, can we reconcile retirement, divorce, and child support?

So, Monsieur, aged 56, with 35 years of service, decides to retire. He goes to the Court* and requests a reduction in the child support he must pay to two of his three adult children and his ex-wife. To do this, he presents three reasons to the court that appear significant to him: his retirement, which results in a decrease in income, the fact that his son earns income from part-time work, and the increase in his ex-wife's salary.

The court states that the needs of the ex-wife, as the recipient of the child support obligation, depend on the means available to the paying party, in this case, Monsieur. However, the child support obligation towards the children is not subject to this rule. It should be noted that, "although eligible for retirement after 35 years of service, (Monsieur) was not obliged to take it."

Since Monsieur chose to retire prematurely, without considering his child support obligations towards his dependent children, the Court concludes that the decrease in income Monsieur experienced as a result of his decision should not be considered in the calculation of child support payable to his children, unlike that of his ex-wife. Thus, despite the decrease in his income, Monsieur is obliged to pay the same child support to his children without any reduction.

In light of this judgment, in order to avoid being penalized, one must choose between the uncertain comfort of having children when young or consider the certain worries of a retirement taken later in life.

C.A. 200-09-007172-106

François Forget, notary and legal advisor as well as the entire Notaire-Direct team, are at your service to ensure the preparation of your legal documents and answer all your legal questions.
With my girlfriend..., but not so close
Me François Forget - May 7, 2014
The agreements in the pre-contract that are not reproduced in a sales contract are valid if the contract includes...
The administrator of a company must act in good faith
Me François Forget - April 21, 2005
An administrator must act in good faith and cannot declare a dividend that operates a disguised liquidation...
The usefulness of a construction insurance policy
Me François Forget - May 21, 2010
Every insurer who develops a product must have a good understanding of case law and the Civil Code; otherwise,...

This browser does not support this kind of file. Please download the file to view it: Download the file