Sentences with phrase «circumstances of each spouse»

Economic circumstances of each spouse at the time the division of property is made effective, including sources of income, medical benefits, retirement, insurance, and other compensation;

Spousal support orders are made taking into consideration the condition, means, needs and other circumstances of each spouse, including each party's assets and means, the age and health of spouse, the length of time the spouses cohabitated, the functions performed by each spouse during cohabitation, and any order or agreement relating to support of either spouse.

This decision reflects the provisions of the Divorce Act, which states (s. 15.2 (4)-RRB- that the court in considering a spousal support award shall take into consideration the condition, means, needs and other circumstances of each spouse, including the length of time the spouses cohabited; the functions performed by each spouse in the relationship; and any order, agreement or arrangement relating to support of either spouse.

IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and as well as the condition, means, needs and other circumstances of each spouse has been taken into consideration and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

S. 9 of the FCSG — if one spouse has the right to access or custody of child for 40 % or more of time over the year, quantum of support based on amount set out in table, increased cost of shared custody arrangement and condition, means, needs and other circumstances of each spouse and of the children;

The New Brunswick Court of Appeal has dealt with the issue, in Vaughan v Vaughan, 2014 NBCA 6, and found that the reasoning in Manuge, followed in Alberta and British Columbia, is not determinative of the issue, and that Section 15 of the Divorce Act obligated the court to consider the «condition, means, needs, and other circumstances of each spouse» in line with the broad policy objectives of the Divorce Act.

Section 15.2 (4) of the Divorce Act says that in awarding spousal support, the court is to consider «the condition, means, needs and other circumstances of the spouses».

110 The condition, means, needs and other circumstances of each spouse, which must be considered under s. 15.2 (4) of the Act, will necessarily affect the quantum of spousal support awarded, if any, as explained by the Alberta Court of Appeal inCorbeil v. Corbeil (2001), 286 A.R. 330, 2001 ABCA 220 (CanLII) at para. 47:

These are: - the interests of the bankrupt's creditors; - if the property is or includes a dwelling house, the conduct of the bankrupt's spouse / civil partner or former spouse / civil partner (in terms of contributing to the bankruptcy), the needs and financial circumstances of the spouse / civil partner or former spouse / civil partner and the needs of any children; and - all other circumstances other than the needs of the bankrupt.

• the financial circumstances of each spouse, both during the relationship and after separation;

the financial circumstance of each spouse based on the property owned, the value of the property, whether it is income - producing property, and whether the property was acquired before or during marriage.

The Divorce Act (Canada) says that when making a spousal support order, the court must think about the condition, means, needs and other circumstances of each spouse, including:

[18] Section 15.2 (4) of the Divorce Act further provides that the court must, in its analysis of a claim for spousal support, consider the condition, means, needs, and other circumstances of each spouse, including the length of time the spouses cohabited and the functions performed by each spouse during cohabitation.

To decide on an appropriate distribution, courts consider several factors, including each spouse's contributions to marital property, the length of the marriage and the economic circumstances of each spouse.

To make a property distribution, courts consider factors including the length of the marriage, the economic circumstances of the spouses and the contributions of one spouse to the earning capacity of the other spouse.

Maintenance is awarded regardless of gender and on a permanent or temporary basis, depending on the financial circumstances of each spouse.

However, courts may award one spouse more of the marital estate, depending on the contribution each spouse made to the property's acquisition, if the property was acquired before marriage or through gift or inheritance, the economic circumstances of each spouse (if one spouse squandered community assets during marriage), and the current income and earning potential of each spouse.

The court may divide the property equally and then adjust the distribution based on a number of equitable factors, such as the financial circumstances of each spouse, the contributions made during the marriage and any other factors the court deems relevant to determining what would be a fair distribution.

Various factors are taken into consideration when distributing assets including the incomes of the parties prior to and at the beginning of the divorce, duration of the marriage, need to occupy the marital home, loss of inheritance or pension rights, maintenance awards, future financial circumstances of each spouse, tax consequences, dissipation of assets, contributions as a non-wage earner to the income of the spouse and home, and the character of the property itself.

There are Spousal Support Advisory Guidelines to inform the negotiations in considering the means, needs and other circumstances of each spouse.

§ Consider the current position of each spouse: Condition, means, needs and other circumstances of each spouse

The length of the marriage and the financial circumstances of both spouses determine alimony.

Not exact matches

It could be that the public demands placed upon a prime minister and his spouse justify the assistance, regardless of that prime minister's personal means; essentially, that Trudeau's circumstances and official burden have changed.

If the negotiations failed, a trial could result in denial of the divorce, even under circumstances in which each spouse proved the other guilty of a ground for divorce.

Since 2002, a divorcee may be allowed to marry again in the Church of England during the lifetime of a former spouse in «exceptional circumstances».

This definition allows for families of circumstance and affinity as well as kinship, and it allows also for the existence of people who are incapable of family, though they may have parents and siblings and spouses and children.

I mean there are varying nuances in circumstance that must be applied to each situation to provide an adequate answer, for example: What if you are married and your spouse has some sort of medical condition that prevents sex?

I can see it being beneficial — or, at the very least, «permissible» — in a case of extended separation due to circumstances and not a breakdown in the relationship, and if the imagination were employed only with regard to one's spouse.

I deeply regret that I put those circumstances of life ahead the health of my marriage but you know what... my spouse did the same.

Indeed, many times, a spouse will just want you out of the house but will be reluctant to move forward with divorce because of economic circumstances.

Other relevant differences among teachers may arise from their family circumstances, such as the job opportunities of a spouse or a desire to stay home with young children or to enjoy the benefits of home ownership.

As used in this paragraph, a «Covered Borrower» means any person who, at the time such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's household.

The only time there is an exception is in cases of separation or other circumstances which hinder you from accessing your spouse's financial information.

In this circumstance, Dahmer says you need to consider the eventual loss of the opportunity to split RRSP income; the consolidation of RRSP balances with the surviving spouse requires looking at tax strategically about whether earlier withdrawals are advisable.

Disabled veterans and the surviving spouses of disabled veterans potentially qualify for an exemption for as much as $ 122,128 on the property value assessment, in some circumstances, this amount can increases to $ 183,193.

Extenuating circumstances typically refer to illness of the primary borrower, spouse, or children.

The Conservatives promise to increase the HBP limit from $ 25,000 to $ 35,000, while the Liberals pledge to relax HBP rules so it also becomes available to home buyers facing challenging circumstances — such as job relocation, the death of a spouse or divorce.

Spouses younger than 60 may be able to receive benefits in limited circumstances, such as cases of disability or if they are caring for a disabled child.

Surviving spouses who are younger than 60 receive benefits only in limited circumstances, such as cases of disability or caring for a disabled child.

The VA's underwriting guidelines state, «In circumstances not involving bankruptcy, satisfactory credit is generally considered to be reestablished after the veteran, or veteran and spouse, have made satisfactory payments for 12 months after the date of the last derogatory credit item.»

You can get a loan one year after discharge, if you have re-established credit and made your payments on time, and, «the bankruptcy was caused by circumstances beyond the control of the applicant or spouse such as unemployment, prolonged strikes, medical bills not covered by insurance, and so on, and the circumstances are verified.»

[50] In these circumstances the transfer balance credit that originally arose in the member spouse's transfer balance account in respect of the superannuation income stream is not altered.

The terms and conditions state that points may only be combined with those of a spouse or other close relative, but we think Justin would be just fine here given the circumstances.

It's not the overdue bill, traffic jam, or fight with our spouse that causes stress — it's our thoughts and the story we tell ourselves about an event or circumstance that create the emotional upset, racing heart rate, shallow breathing, and other symptoms of the stress response.

However, the Good Practice Guide then immediately goes on to state that there are various circumstances in which the recipient spouse should only be made aware of the Court proceedings once these have been issued and at the time the petition is being served - one of which is where there are potential proceedings in another jurisdiction.

The court observed that section 17 of the Divorce Act allows a court to vary any spousal support order, provided it is satisfied there has been a «material change» in the «condition, means, needs, or other circumstances of either former spouse» since the original order (or last variation) was made.

Alimony awards can be modified or suspended at any time with the changing circumstances of either spouse.

When faced with an application to vary an order, the court should not ignore a mutually - accepted separation agreement such as the one reached by these spouses; however, it will be only one of several factors that goes into the threshold question of whether there has been a «material change» in circumstances since the initial order was made.

(There are circumstances when a post-nup can make sense for a spouse to voluntarily enter into after marriage, for example, to make rich relatives comfortable including a person in their Will or making a large gift to one of the spouses that is intended to stay in the family but will benefit the spouse during the marriage and the couple's children, but the facts in the question don't naturally suggest any of those circumstances.)

Ms Turley argued that there was in the circumstances no difference between the status of spouses and that of cohabitees.