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Division/Equalization-Pension, House, Contents...Topic not new but situation diff.

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  • Division/Equalization-Pension, House, Contents...Topic not new but situation diff.

    PENSION DIVISION
    I am trying to work thru our estimated pension amounts payable that we just got from PWGSC. We agreed on a separation date of April 1, 2012. Still living together under one roof but not 'together'. I have no qualms about the calculations of how much i need to pay to him since i did earn them post marriage date. He has, however, concerns about his payable to me (even though mine to him is considerably larger, ie by around $30K more). His concern is that last year, he bought service time (buyback) for about 3 years of working for the govt before we got married and that he claims that the money he used to do the buyback last fall was from his RRSPs entrusted with a commercial bank where he deposited his pension money after he left the govt in mid 90s...subsequently he claims that he used these TD funds to partially pay for the pension buyback last fall (he rejoined government 2+ years ago). I understand there are new rules eff. January 2012 concerning pension division (aimed at making pension division a simpler and less expensive process etc for separating or divorcing couples) but i cannot find any provisions that relates to our particular case. Is the principle of equalization that applies to matrimonial homes also applied in the case of pension division? Even though logically he earned those 3 years before our marriage, he already is better off in getting more pension money from me (about $30K more) however, in addition, to backing out some $20K from what he is willing to pay me, he is also talking about interest on top of it...Hmm i am not into dollars-and-cents and bean counting....but i could use some input and comments on this one.


    MATRIMONIAL HOME
    Seems to be non-contentious except he keeps mentioning the $30K or so that he put in as deposit upon purchasing the house. I havent looked into this. Background: we were common law for over one year 1998..., purchased the house together (he did put in the deposit)-1999, then got married a few months after-1999. Should the $30K be returned to him or does the $30K form part of the matrimonial home and therefore is subject to equalization?


    HOUSE CONTENTS
    Initially we drew up an excel sheet identifying which ones i get and which ones he gets. No major issues really and i have essentially agreed to him keeping MOST of the items (since we both agreed that he could keep the house; i want to move out and get myself a new place); we did talk about him helping me out buy certain furniture since he will be keeping the bed and the dining table, etc. and plan to put this into writing. My question revolves around other house contents i.e., special and rare items he bought during our marriage (rock memorabilia: autographed guitars, special signed posters and rock artwork, rare CDs, digitally remastered all over the world, about 3 to 4 thousand pieces)---that i have really no interest on. He would wobble from saying they are worth $30K to something like $0. Our home insurance documents do point to some valuation made on replacement costs for these items. My second thoughts on the division of house contents sprung up becoz i begun to see how he has been bean-counting on the money lately---mentioning money quite a bit in our simple conversations, i.e., the $30K deposit he put on the house, his $20K pension before we got married that he bought back in the fall, interest payments on top of these, etc. So, is the legal and fair way to do this would be to get a dollar valuation of the contents and divide into two? What if he says, well you take half of my memorabilia but that is so we dont have to deal with money transfers. He is getting concerned about his collection coz he tried to auction them lately, with no success. Similar experiences, anyone? And how did you resolve it?

    Bottom line for me: i am the one who wants to leave. Willing to compromise on bits just so i could leave ASAP but dont also wanna be strangled with giving up too much if the law says no, not really. Of course, we'll seek separate legal advice as well, but knowing a few things beforehand won't hurt and could save us thousands of $ that i would rather that we spend on the kids.
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