Confusion around divorce and financial obligations

[JonX]

My spouse and I immigrated to Canada and received our PR together in 2008. We are now on the brink of divorce. As the primary applicant, I think I signed something on the application promising her monetary support for the subsequent 10 years. That is certainly what SHE thinks. Is anyone clear about how all this works? Thanks in advance.

 

[parker24]

My spouse and I immigrated to Canada and received our PR together in 2008. We are now on the brink of divorce. As the primary applicant, I think I signed something on the application promising her monetary support for the subsequent 10 years. That is certainly what SHE thinks. Is anyone clear about how all this works? Thanks in advance.

You'd be responsible for her for 3 or 5 (I'm not sure if it changed to 5 or not) years. Not 10. And it's only if she goes on welfare. If she does, you have to pay it all back.

 

[scylla]

You'd be responsible for her for 3 or 5 (I'm not sure if it changed to 5 or not) years. Not 10. And it's only if she goes on welfare. If she does, you have to pay it all back.

Incorrect. This only applies if one spouse was a Canadian and sponsored the other through family class.

Since both immigrated together (presumably through the skilled worker class) - there is no financial obligation tied to the immigration application/process.

 

[clubcanada]

Basically Scylla is correct but you wouldn;t have to be Canadian. If you had sponsored your spouse as a foreign PR the same rule would have applied, if I'm not mistaken. In addition, the rule doesn't necessarily apply to divorced couples. It makes you financially responsible for your sponsored spouse in general - married or divorced doesn't matter.

However, this is the immigration part of it. Now the divorce part kicks in. Based on Canadian law you might be financially responsible for your ex-wife as well - especially when kids are involved and she hasn;t been employed. But I'm not so familiar with divorce law. I just know that a colleague of mine is paying a huge portion of his salary to his ex-wife and son every month...

 

[MissDominica]

If you both got PR TOGETHER (at same time) then the sponsor does not have an obligation through Immigration to financially support wife. However, if you were a PR first and then sponsored her to come separately, then you would be responsible for her for 3 years (which have passed, so you should be ok).

As far as "Canadian Law" the above poster referred to, you may be required to pay child support, etc that any couple in Canada would be required to work out upon a divorce.. but that is separate from immigration.