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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 05-15-2014, 12:26 AM
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Default How to proceed with the divorce .

Ok we split 3 years ago the house is sold we split 12 g of debt
She has the kids and she gets support and 200 extra for above board support .
She got all the house hold contents and the van . I only have my stuff clothes tools etc .
She is still using the joint account and credit cards and refuses to remove my name from them . She won't file for the divorce .
So I am going to . One issue left is my omers pension It started 3 years before we split . I had another pension before I met her worth 15 g that was cashed out during the marriage cause we had a financial crisis .
So of course she wants this one now .
My questions are these
One she got all the stuff from the house about 25grand so i asked her to just. Sign off on the divorce and leave me and my pension alone or if she wants it split the stuff .
We are both Broke and I want to be free of her.
Some one told me that because we used my first pension I had before her she doesn't get this one . Is this true ?
The truth is I don't think it's fair I left with nothing but debt can this happen ?
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Old 05-15-2014, 07:25 AM
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Re-read the post from Mess from March 14th:

"...Equalization means you take her assets at the date of separation, and your assets at the date of separation, subtract each of your debt. You split the difference.
There is no law that says you must split your pension IF YOU DON'T OWE HER ANY EQUALIZATION.
From the sounds of things, and I don't mean this in a nasty way, you don't know what you are doing. You need some professional advice, which will cost you. You have to decide if you want to spend some money getting this straightened out, and how much.
There is a half of your pension she can get, it is the CPP. She can "equalize" both of your CPP. This is the only law that absolutely requires a split in pension.
If your company pension is your largest asset and you owe her money, then most people would opt to split the pension and there is a method for doing this. But if you don't otherwise owe her money, she cannot just take your pension.
Does she have entitlement to spousal support? Does she work? These are issues that may come up."

I believe you can go to your bank and take your name off of the bank account and the credit cards. Talk to your banker.

There is plenty of information on this forum regarding your situation. You have to research things.
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Old 05-15-2014, 07:41 AM
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There is no law that you must absolutely split your CPP. The law states either spouse can make a request for CPP division at any time. So don't negotiate she won't touch the CPP as part of your equalization. Because she can and likely will make the request at some point in the future.
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Old 05-15-2014, 08:14 AM
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Here is a link for info about CPP:

Five things you need to know about splitting your pension credits after divorce | Financial Post

Here is a link to an article about equalization which you might find interesting:

Equalization of Net family Property-How it is done Ontario | WinningCourtStrategies.com

Best thing to do is to get up-to-speed on everything by reading everything you can get your hands on.
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Old 05-15-2014, 08:14 AM
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Here is just one of many articles written on debt and ending of marriage:

http://www.debtcanada.ca/news/archiv...ial-separation

Last edited by arabian; 05-15-2014 at 08:21 AM.
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Old 05-15-2014, 09:21 AM
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Quote:
Originally Posted by nomad View Post
Ok we split 3 years ago the house is sold we split 12 g of debt
She has the kids and she gets support and 200 extra for above board support .
She got all the house hold contents and the van . I only have my stuff clothes tools etc .
She is still using the joint account and credit cards and refuses to remove my name from them . She won't file for the divorce .
So I am going to . One issue left is my omers pension It started 3 years before we split . I had another pension before I met her worth 15 g that was cashed out during the marriage cause we had a financial crisis .
So of course she wants this one now .
My questions are these
One she got all the stuff from the house about 25grand so i asked her to just. Sign off on the divorce and leave me and my pension alone or if she wants it split the stuff .
We are both Broke and I want to be free of her.
Some one told me that because we used my first pension I had before her she doesn't get this one . Is this true ?
The truth is I don't think it's fair I left with nothing but debt can this happen ?
She received the house contents and the van and you received your whole pension. A somewhat fair asset division, though the numbers may not be perfect. To better protect your pension though, it would help if you had something documented and signed by her saying that she took a greater share of the house contents and a van in lieu of her share of your pension.

Also, it's best to close joint accounts as soon as possible. I think one account holder can do it themselves. So empty the bank account, use the balance to pay off the credit cards, and close everything. If there is not enough money to cover the whole credit card debt, pay off as many as you can, and freeze the last one(s) so that no further buying activity can happen. I'm sure your bank would help you out with this; they see it on a regular basis. If you were the primary card holder and added her as secondary card holder, you can get her name off the account yourself. Those would be the ones where you want to pay half the balance first, from the joint account.
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