Spouse in different country & never supported me financially

[divya]

I got married in 2007. I lived with my husband only for about 8 months in 2008. I came to Canada in 2009 and since then I am working here and living with my parents. he come to Canada for 4 months only in early 2012 and left for home country India. Except for the 8 months, I have never lived with him. We don't have any property together and never have a joint account and never received any financial support from him. Today, all I have is my own earnings and savings in my personal bank account. We don't have kids because we never has a that relation in our marriage.
Could he claim any money from me if I ask for uncontested divorce?

[blinkandimgone]

He would only have a claim to anything that was accrued during the marriage. If you had nothing, and both left with nothing, there is nothing to ask for.

He may still ask, but he would have to prove that something existed in order to seek monies from it.

[divya]

Thanks, blinkandimgone.
Could you please help me understanding following:

Please help me understand when you say during marriage?

-Since we got married I lived with him for 8 months in 2008 in India.
-Since our marriage, we don't have any physical relationship.
I am living with my parents in Canada since 2009.
-Since 2009 he came once to Canada for 4 months.


So, will he be able to claim any money from my personal bank accounts where I have my savings and earnings, I earned since 2009?

[DowntroddenDad]

Thanks, blinkandimgone.
Could you please help me understanding following:

Please help me understand when you say during marriage?

-Since we got married I lived with him for 8 months in 2008 in India.
-Since our marriage, we don't have any physical relationship.
I am living with my parents in Canada since 2009.
-Since 2009 he came once to Canada for 4 months.


So, will he be able to claim any money from my personal bank accounts where I have my savings and earnings, I earned since 2009?

Technically he is entitled to half of the assets you have acquired since the marriage date. (and half your debts, and you are entitled to half his assets and debts).

Was the marriage registered in Canada?

[Links17]

Did you never consummate the marriage - (you never had sex even once?) ?

If not you can maybe even get the marriage annulled.

[divya]

Hi Links17, no we never had. Annualling marriage is very complicated process. Even though I have virginity letter from my doctors here in Canada.
I don't know how he could claim any money when he never lived with me as a family, never shared home. never have a lease together. never have a joint account together. never sent me any money. How could he claim? or if he does, could I appeal to this in court?

[divya]

Hi Downtroddendad,
Thanks for your reply. No the marriage is not registered in Canada, as he didn't stay here to live. He came on immigration and the day he got his PR Card. he left. He used to visit me at my parents house in those 4 months when he was in Canada.

[divya]

I don't know how he could claim any money when he never lived with me as a family, never shared home. never have a lease together. never have a joint account together. never sent me any money. How could he claim? or if he does, could I appeal to this in court? <!-- / message --><!-- edit note -->

[blinkandimgone]

Technically he is entitled to half of the assets you have acquired since the marriage date. (and half your debts, and you are entitled to half his assets and debts).

Was the marriage registered in Canada?

From the marriage date to the separation date. He is not entitled to anything accumulated post-separation.

[DowntroddenDad]

I don't know how he could claim any money when he never lived with me as a family, never shared home. never have a lease together. never have a joint account together. never sent me any money. How could he claim? or if he does, could I appeal to this in court? <!-- / message --><!-- edit note -->

His claim would that be under Canadian law, a divorcing couple go through a process of equalization of assets, where all the debts and assets acquire during the period of the marriage would be split.

But you can and should claim the separation day as the day in 2009 when you last saw each other. Then the only assets he could go after are those gained between the marriage and 2009.

He can claim whatever he wants, but the fact is that if he wanted to have something that could be legally enforcable, he would have to hire a lawyer in Canada. That costs a great deal of money, averaging $300-$400 an hour. Let him do that first.

[divya]

Thanks downtroddendad. Really thank you so much