Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 03-25-2010, 11:46 AM
Junior Member
 
Join Date: Mar 2010
Location: Alberta
Posts: 3
Norseman is on a distinguished road
Default Spousal support eligibility?

I am seeking some input on a spousal support eligibility issue. My ex and I were together for 17 years and married for 15 of those years. We had 2 children together and she brought 2 additional children with her from a previous marriage, I consider there children to be my own as well. We separated in October 2006 and are just now beginning to deal with the divorce.

While married we purchased a home and a small business together which we operated until her father passed away. Her father willed her a property and we decided to make our residence there. Our home and business were gifted to family members and my ex added me to the title on the inherited property. We lived together at the home willed to her by her father for 3 years before our marriage broke down. She requested that I remove my name from the land title as a show of "good faith" toward our reconciliation and I had this done, with no argument or legal council. One half hearted reconciliation attempt was made, lasting about 45 days. My name remains off the title, she has recently listed the property for sale and I have relinquished any legal right I have to the property. When I left the home all matrimonial property was left for her and our children. I took only my personal effects and my tools for work.

Since our separation I had continued to provide her with complete financial support. She had full, unlimited access to both my personal and business bank accounts. She was also a director and 50% shareholder of a limited corporation contracting company of which I was the other director and 50% shareholder. She moved another man into her home and I continued to provide unlimited support to her through that time. She broke up with that fellow and met another man who she is currently living with and is now engaged to. The engagement is what now spurs the divorce on. When she got engaged to the second gentleman in September 2009 I decided to quit providing unlimited financial support for her but I continued to pay extremely generous child support, at least twice the value as described in the federal child support guidelines.

In the time since our separation she has made no real effort to better her personal financial situation. She worked at a part time job in a retail position for two months and in now in school again, since January 2010. Her schooling is not toward any sort of viable employment at this time, it is high school upgrading only and she is unsure of her ultimate educational goal.

I do understand that, as an inheritance, I am not entitled to 50% of the property value. I believe that, here in Alberta, I am entitled to one third and I honestly do not even want that. I want none of it. I also understand that overpayment of child support is not a substitute for spousal support. She is currently demanding $1000 per month in spousal support to fund her education, claiming I "stole" her future from her when I asked her to marry me. She was a student when we met, taking high school upgrading courses with the intent to become a social worker.

Finally, here is my question. After freely walking away from $450 thousand in property, $50 thousand in matrimonial property and supplying $110 thousand in unofficial support over 4 years does she have the legal right to pursue me for more support?

Sorry for the long winded tale...
  #2 (permalink)  
Old 03-25-2010, 12:55 PM
Senior Member
 
Join Date: Apr 2009
Posts: 370
Foredeck is on a distinguished road
Default

Well, she has the legal right to pursue for anything she wants unfortunately.

You did not say how much you both earned this year, so it's hard to say either way.

I am not 100% sure how the matrimonial home is treated in Alberta, but this is what I would do. You say you have a right to 33% of the home, since it was inherited. Why not claim your 33%, then transfer it to her as a SS payment.

That way, there's no real cost to you, and you cover your SS obligation.

She has to make approximately 40 to 45% of your combined income, and you have to pay SS, if it's warranted, for half the marriage length.

Also, even if your name is not on the house title, it does not automatically mean that you gave up all right to any rights to it or your fair share of its value.
  #3 (permalink)  
Old 03-25-2010, 01:34 PM
dadtotheend's Avatar
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

You're allowing her to take you to the cleaners, and then some.

Here in Ontario, it does not matter who is on title to the matriomonial home, it is to be split 50/50. I'm not convinced that the fact that it was an inheritance trumps that rule.

You are paying support that is as yet uncharacterized, but since it is twice the table amount, the court will presume that there is a combination of CS and SS going on and would probably order it to be characterized and continued.

It's been my observation in these matters that being a nice guy gets you nowhere, as you are finding out. Her asking you to now pay SS on top of uncharacterized total support that is twice the table CS is yet another example of that.

You have a claim on property division. Tell her that you want to settle all financial matters, including the property division, including the matrimonial home, that you are (foolishly in my view, sorry) walking away from.

The leverage you have now is that she wants a divorce. Use it. The courts will not grant a divorce until custody/access and CS issues are resolved. Play that card and you can sever your ties with her and move on.
  #4 (permalink)  
Old 03-25-2010, 02:19 PM
Junior Member
 
Join Date: Mar 2010
Location: Alberta
Posts: 3
Norseman is on a distinguished road
Default

Yup, I know I am being taken to the cleaners and I also am well aware that I very foolishly allowed it. Live and learn....

The business her and I owned and operated was a proprietorship with her and I as equal partners and the limited corporation we were a part of was also a legal 50/50 director and shareholder arrangement. Am I wrong to think that this should already make our incomes equal since 1997? That was the date we began the proprietorship and we went from that directly into the Ltd corporation. She was legally involved in the corporation until September 2009 when it was struck.
  #5 (permalink)  
Old 03-25-2010, 04:00 PM
dadtotheend's Avatar
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

You can't be partners in a sole proprietorship. You had a partnership, not a sole proprietorship.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Children's bennefits Wiser2008 Financial Issues 20 01-02-2014 11:19 AM
Spousal Support - Why It Matters Divorcemanagement Political Issues 83 11-28-2013 09:38 AM
Spousal Support...good or bad.. jlalex General Chat 32 07-22-2010 05:33 PM
Paying spousal support on $40 000 per year sammysdad Financial Issues 4 03-12-2007 10:04 AM
The Concept: Standard of living gooddadgoingmad Divorce & Family Law 7 02-20-2006 09:59 PM


All times are GMT -4. The time now is 08:46 PM.