Sentences with phrase «spousal support provisions»

[210] I would give the spousal support provisions of the marriage agreement no weight on the basis of the circumstance of execution alone.

The Divorce Act governs spousal support for formerly married spouses, but the Family Law Act also includes spousal support provisions.

In a case called Miglin v. Miglin, the Supreme Court laid out a test (referred to as the «Miglin test») to determine whether the spousal support provisions of a domestic contract should, upon application, be set aside.

The trial judge set aside the spousal support provisions of the parties» marriage contract, but held the remainder of the contract to be valid.

Fourth, some states provide that the court no power to modify the spousal support provisions of an unmerged agreement, unless the agreement specifically provides that the court can modify the spousal support provisions (Rule 4).

However, the court's ability to modify spousal support provisions are dictated by the language of the settlement agreement.

Second, two types of situational empathy were associated with spousal support provision.

Because previous studies do not provide a basis for making empirically - based predictions about the relative predictive power of the more distal and dispositional empathy measures in contrast to the more proximal and situational ones, we left it up to the data to educate us about the differential impact of dispositional and situational forms of empathy on spousal support provision (Research Question 1).

Second, we also expect affective empathy to be associated with spousal support provision, such that when the provider experiences affective empathy (i.e., empathic concern, personal distress), the provider will offer higher levels of positive support (i.e., more emotional and instrumental support) and lower levels of negative forms of support (Hypothesis 2).

More specifically, we suggest that spousal support provision is affected by two processes: cognitive and affective empathy.

However, although both affective and cognitive facets of empathy appeared to have value in explaining observed spousal support provision, it should be noted also that a substantial number of our predictions were not confirmed.

Not exact matches

If a provision of a premarital agreement modifies or eliminates spousal support and such modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid such eligibility.

With regard to the application of the provisions of Article 12, paragraph 1, item 4 and Article 14, paragraph 2 and paragraph 3 to cases concerning a petition for a Protection Order from the victim who has sought counseling or asked for assistance or protection with regard to bodily harm by the spouse to Women's Consulting Offices by March 31, 2002, the term «Spousal Violence Counseling and Support Center» in these provisions shall be deemed to be replaced with «Women's Consulting Office.»

The court has yet to rely on this provision to consider past conduct in determining spousal support.

Article 2 With regard to the application of the provisions of Article 12, paragraph 1, item 4 and Article 14, paragraph 2 and paragraph 3 to cases concerning a petition for a Protection Order from the victim who has sought counseling or asked for assistance or protection with regard to bodily harm by the spouse to Women's Consulting Offices by March 31, 2002, the term «Spousal Violence Counseling and Support Center» in these provisions shall be deemed to be replaced with «Women's Consulting Office.»

We can assist you and your spouse in negotiating equitable terms regarding division of property, allocation of debts, spousal support, child support, child custody, wills and estates and dispute resolution provisions.

It can also provide provisions for alimony / spousal support.

In divorce proceedings, it is generally the norm for one party to ask for spousal support and child support from the other, based on a legally acknowledged desire to redress certain financial inequalities that one party bears disproportionately due to the fact of the parties» marriage to each other, and to make adequate provision for the children of the marriage.

The court started the examination by pointing out that in law, both child and spousal support was governed by the provisions of sections 15.1 and 15.2 of the federal Divorce Act.

Note that the 2007 Convention includes provision for applications for child maintenance, for a child is aged under 21, and also spousal support (linked to child maintenance and stand alone), ie it is wider than the previous provisions on enforcement.

A settlement agreement's provisions regarding spousal support is always nonmodifiable if: (1) it is actually a disguised property division; (2) it is contractual lump sum alimony; (3) it is part of an integrated bargain.

In Doucet v. Doucet, a 2016 decision of the Ontario Superior Court of Justice, the Court concluded that the spousal and child support provisions of the parties» separation agreement were unenforceable.

The agreement made no provision for spousal support in spite of the fact that the wife was economically disadvantaged by the role she assumed during the marriage (homemaker and primary caregiver of the 3 children) and by the breakdown of the marriage;

While the most common provision in a prenuptial agreement deals with how property will be divided in the event that the marriage ends in a divorce, other topics are often included, such as the parties agreeing not to seek spousal support.

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.

Courts will only enforce provisions limiting spousal support, if the spouse whose rights are limited, had independent legal representation at the time of signing.

The contract should contain provisions that address property and debt division, spousal support, and a parenting plan.

For example, a standard prenup may include provisions for the division of property or spousal support in the event that the marriage ends in dissolution.

There is complete coverage of the law on provisions terminating liability for spousal support on account of cohabitation, and on provisions making a parent liable for a child's college expenses.

In many cases, both payors and recipients of spousal support find this provision upsetting.

[23] Should I find that the court can consider all or part of the respondent's application, I must then consider whether any part of the separation agreement should be varied as proposed, and whether the provision of the separation agreement which provides for spousal support should be set out in the form of an order.

Instead of dividing the military pension with an order complying with the Qualified Domestic Relations Order provisions, the husband agreed in an atypical Property Settlement Agreement to pay to wife one - half of of his monthly military pension as spousal support or alimony, without a separate court order or any election of survivor benefits.

The wife then hired a lawyer to draft a separation agreement, which provided for the parties to divide the proceeds of the marital home, and committed the husband to pay spousal support of $ 29,000 per month indefinitely, without any provision for his former wife to take steps towards providing for herself.

Not only can they discuss the division of assets or debts and the provision of alimony / spousal maintenance, once a Postnuptial Agreement is executed it may be submitted to a Court to address immediate issues of child support and a parenting plan as part of an action unconnected to a divorce.

You may also incorporate a provision for alimony, sometimes referred to as spousal support, into your settlement agreement.

For married couples seeking to end their marital unions in Pennsylvania, the law makes provisions for spousal support, commonly known as alimony.

However, Massachusetts courts will not modify spousal support orders for changes of circumstance if the decree specifically states that the alimony provision is not modifiable.The remarriage of the spouse paying support is not a factor.

In a legal separation, couples can agree upon provisions for child support, spousal support and the division of property.

Spouses may separate, and agree to in writing, any provisions for child support, spousal support, and property division, on the same grounds as are required for the dissolution.

The agreement includes provisions about spousal support, property division and, if applicable, child custody and support.

Alimony, maintenance or spousal support, or a provision for a waiver or property settlement instead of support (to the extent allowable by law)

Common provisions that will need to be adapted include child and spousal support.

A private contract that defines certain issues within a marriage (which hasn't yet taken place), typically spousal support and property division, as well as certain provisions in the event of a marital partner's death.

A private contract that defines certain issues within a marriage (which has already taken place), typically debt, spousal support and property division, as well as certain provisions in the event of a marital partner's death.

In the present study, cognitive as well as affective empathy, and dispositional as well as situational forms of empathy played a meaningful role in shaping the provision of spousal support.

The present study examined how support providers» empathic dispositions (dispositional perspective taking, empathic concern, and personal distress) as well as their situational empathic reactions (interaction - based perspective taking, empathic concern, and personal distress) relate to the provision of spousal support during observed support interactions.

First, two forms of dispositional empathy proved to be related to the provision of spousal support.

While military divorce functions similarly to standard divorce, there are several special considerations involved regarding how and where the case is filed, the process for dividing marital assets, spousal maintenance and child support provisions and other concerns.

Moreover, our findings suggest that simultaneous consideration of spousal support receipt and provision is critical when seeking to understand how support is related to marital outcomes for men and women.