Thread: Dilemma....
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Old 04-20-2010, 10:23 PM
Mess Mess is offline
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OK, you are not "taking him for everything he's got". The assets and pensions are family assets. They have been considered that for generations, and pension plans have been set up with this understanding (that they could and would be split if a couple divorced.) This is nothing new, and as old as you feel, this predates you.

As far as splitting them goes, the equalization process would determine a value (and pensions are nearly impossible for an amateur to put a value on) and everything would be totaled. What would be more likely is that he keeps his pensions but you get all the RRSPs. Do you own a home? This has to be equalized as well, and perhaps it would work out that you get the entire home in exchange for the pensions.

The way assets are split can be flexible, but they have to be split, this is part of what you sign up for when you get married. The laws were thought out and written and constantly improved precisely with someone like you in mind.

This doesn't have to go all the way to trial, if he gets served, gets decent legal advice and you go to the first case conference he will see he has no choice.