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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-01-2017, 04:05 AM
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Default Complex Questions

Trying to see if anyone has encountered the following questions:
1) Generally gifts inherited after marriage are excluded from the calculation of net family property. If I incorporate a company while married that is entirely run by me, have my mother subscribe for those shares and she subsequently gifted those to me, would this be considered a sham if the separation were to happen a number of years later?
2) Similar to the above, if a friend subscribes for those shares while you are in fact doing all the work, would this be considered a sham if the separation were to happen a number of years later?
3) If you are entitled to a bonus after working in a company for five years and in the third year you separate, is there an entitlement to a contingent amount yet to be received for equalization purposes?
4) If your employer pays you a salary and additionally loans you monies to invest in their business assets, would this be construed as an income entitlement for calculation of spousal and/or child support?
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Old 11-01-2017, 01:48 PM
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I'm not 100% about my answers, but nobody else is answering so I'll give it a shot based upon my rough reading of case law.

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Originally Posted by trickdaddy View Post
1) Generally gifts inherited after marriage are excluded from the calculation of net family property. If I incorporate a company while married that is entirely run by me, have my mother subscribe for those shares and she subsequently gifted those to me, would this be considered a sham if the separation were to happen a number of years later?
2) Similar to the above, if a friend subscribes for those shares while you are in fact doing all the work, would this be considered a sham if the separation were to happen a number of years later?
Did your mother (or friend) pay you for the subscriptions? What happened to the money that she used to purchase the shares?

Either way, the answer to your question is likely "a trial judge is going to figure that out". For the friend, judge might want evidence about the friend's contribution to the company. For the mom, I doubt you can use your own property that's been funneled through mom as an "inheritance exemption".

Quote:
3) If you are entitled to a bonus after working in a company for five years and in the third year you separate, is there an entitlement to a contingent amount yet to be received for equalization purposes?
Is the bonus guaranteed? Will the bonus get pro-rated if you lose your job next year?

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4) If your employer pays you a salary and additionally loans you monies to invest in their business assets, would this be construed as an income entitlement for calculation of spousal and/or child support?
Are you asking if the loaned money would count as income? I suspect not. As a stretch maybe the forgone interest could be construed as a benefit which could count as income?

The above is just my guesses.
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Old 11-01-2017, 02:53 PM
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Thank you for your thoughts. The mother would pay $100 for 100 common shares. The monies would be used for the active business operations, however, monies largely came from rendering services by son. The bonus would be guaranteed in the fifth year. There is no pro-ration.
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