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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #21 (permalink)  
Old 11-10-2012, 06:17 PM
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No... You switched jobs and started working for his company. You didn't give up a job and become a stay at home mom, you didn't give up a job and run his business without compensation. Again... Why will you be out of a job? Are you quiting?

He had his boat before you, he keeps it.
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Old 11-10-2012, 06:20 PM
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Hey Janice. I can hear your frustration. First of all, SS is not cut and dried, particularly when your spouse and/or you own a business. The whole matter can be quite convoluted. Do you have a lawyer with business education a/or experience? Do you have any of your husband's financial records (business and personal)? Has your lawyer requested full financial disclosure? These are very, very important steps to take. In fact, without accurate financial information your hands are tied for a while.

Most posters on this forum haven't had much experience with divorce where a business is involved. Hadenough has had some experience with it as I have.

You need good, competent legal advice for a start. If your lawyer doesn't know how to interpret business financial statements (and many lawyers do not) then you need to deal with that right away.
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Old 11-10-2012, 06:25 PM
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Quote:
Originally Posted by Berner_Faith View Post
No... You switched jobs and started working for his company. You didn't give up a job and become a stay at home mom, you didn't give up a job and run his business without compensation. Again... Why will you be out of a job? Are you quiting?

He had his boat before you, he keeps it.
I agree totally. She quit a good paying job to work for the husband. She still has the job (or should if she wants it)
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Old 11-10-2012, 06:28 PM
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He has already taken my credit card away and says he is going to stop paying me. Also the abuse has been escalating to the point the police were here last night and he has moved out. It is the first time I called police even thought i threatened hundreds. It is not the first time he has moved out. he comes and goes as he pleases.
I wll be sure to get a lawyer not thru legal aid, where I got the first one
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Old 11-10-2012, 06:30 PM
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I am his fourth wife, he is my first husband
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Old 11-10-2012, 06:41 PM
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I think this might probably be considered a marriage of medium term length. There were no children of the marriage. Unfortunately many people stay home to raise children (either their own or step children) and are not formally compensated for it. Both the husband and wife's ages will be a factor. She is bordering on the "rule of 65" and consideration would be given to that, however, the husband is of retirement age and does collect a pension. When your house is paid for and you have few personal expenses it is prudent to take a small salary and pay less or no personal income tax.

The matter of the business is entirely another issue. They were married and if she didn't receive full equalization then she could be successful in asking for SS. Alot will depend upon his providing full financial disclosure. This could take her several years to obtain.

If she is dismissed from her job she would likely get very little in the way of a settlement simply because she is the wife of the owner and the whole thing will be dismissed as a "family law matter." Labor board will not help her. Her relationship with the owner was not of an arms-length relationship. Continuing to work for the family business, in a "poisoned" atmosphere would be valid reason for her to quit.

A snap shot financial picture will be taken at the time of cohabitation and again at separation. Many issues should be examined: Assets purchased and disbursed; retained earnings of business; transfer of assets/shares to adult children, to name just a few.

Once all the information is amassed then, and only then, should offers be made or considered. Just too much information to go through.
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Old 11-10-2012, 06:50 PM
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From what I read and understand in the spousal support guildlines 2008. The law sees marriage as a financial partnership. We were a team for the betterment of all. I gave up my career to help him with his. He can not treat me as hired help now that the marriage is over. He is telling me now that what goes on in the business is none of my business. This sentiment is shared buy his adult children and their wives as well. We had a business together for 12 years. I was out the country for weeks on end with him helping him with his business. It sure was my busuness when he needed me. You can not change the rules just cause you do not like the results
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Old 11-10-2012, 06:52 PM
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Quote:
Originally Posted by janice020204 View Post
He has already taken my credit card away and says he is going to stop paying me. Also the abuse has been escalating to the point the police were here last night and he has moved out. It is the first time I called police even thought i threatened hundreds. It is not the first time he has moved out. he comes and goes as he pleases.
I wll be sure to get a lawyer not thru legal aid, where I got the first one
first off, if the card is on his account he has every right to take back the card. He doesnt want you running up a huge debt.

I have a feeling that your emotions are still pretty high from last nights action so take some time to regroup and calm down a bit. You are riding an emotional wave right now and are probably scared of what may or may not happen.

Your first thing to deal with is your immediate need for money to pay bills etc. Have you got a restraining order against him, if not then he is allowed to come and go as he pleases. Its his home also.
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Old 11-10-2012, 06:57 PM
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I agree that I should have been paid more than $14,000.00 though and should be compensated now. The first lawyer i met thru legal aid said I definately qualified for support and he has to keep paying me what he has been paying me plus support and the easiset solution is for him to walk away from the mortgage free house. He will not do this. he will fight and bite off his nose to spite his face. The lawyer whom we bought the house thru will not represent him cause he bought the house for us.
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Old 11-10-2012, 06:59 PM
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No restraining order.
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