I see many people trying to divide assets at the end of a marriage. When my marriage ended, we had no assets - only debt - approximately $60,000. The exception to that is that my ex has a sizeable pension. He was ordered to have a valuation done but I have not yet seen it - but I do expect it to be upwards of $100,000. (at least the portion gained during our marriage)
So technically our "net worth" at the end of the marriage was around $40,000. So by my best understanding of the law, he should take all the debt and still owe me $20K. Do I have that right?
So here is my question. I know that a pension is considered an asset and as such it is included in equalization, but it isn't "money" that he actually has or can borrow against. My logic says to just ask for what I am legally entitled to, but he is putting tremendous pressure on my sense of fairness by saying that it's wrong of me to expect half his pension and arguing that he doesn't have it to give. (he has since remarried and his new wife owns a home with a fair amount of equity) I had to serve him court papers to get him to pay child support and he refuses to contribute to section 7 expenses and he certainly doesn't see anything unfair about that. Our incomes are equivalent. He has access every other weekend and half of all holidays. Along with equalization we are disputing primary residency of our kids. I strongly suspect if I offered to go away with no CS and no equalization, he would drop the whole thing.
So what would you do? Ask for equalization and take the 20K or take your half of the debt and let him keep the pension?
So technically our "net worth" at the end of the marriage was around $40,000. So by my best understanding of the law, he should take all the debt and still owe me $20K. Do I have that right?
So here is my question. I know that a pension is considered an asset and as such it is included in equalization, but it isn't "money" that he actually has or can borrow against. My logic says to just ask for what I am legally entitled to, but he is putting tremendous pressure on my sense of fairness by saying that it's wrong of me to expect half his pension and arguing that he doesn't have it to give. (he has since remarried and his new wife owns a home with a fair amount of equity) I had to serve him court papers to get him to pay child support and he refuses to contribute to section 7 expenses and he certainly doesn't see anything unfair about that. Our incomes are equivalent. He has access every other weekend and half of all holidays. Along with equalization we are disputing primary residency of our kids. I strongly suspect if I offered to go away with no CS and no equalization, he would drop the whole thing.
So what would you do? Ask for equalization and take the 20K or take your half of the debt and let him keep the pension?
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