Separated July '09. I ahd to give a full financial disclousre which included the value of all assets.
I had to go to a full trial because the ex did not want to settle.
Fast forward to today's date. I am trying to roll over my RRSp(s) to my ex spouse using the value of July '09 and it is the same value(s) that were used as evidence during the trial in December 2010. The ex wants to use todays value instead of the '09 value as the have gone up in value.
A chart of assets is included in the final court order with 09' values and each of us gets half of the value stated.
My opinion is that she should not benefit from any gain as she did not want to settle and I did in the very beginning.
Hypothetically, if I had a strong performing stock that was paying 15% dividends and she new about it at the date of separation and decided to wait 2 years before making an application to divide matrimonial property, is she entitled to the 15% gain.
I had a lawyer at the trial. He said use the July '09 value and the ex's lawyer says to use today's value. Of course the lawyers had different opinions. (more money for them when things aren't agreed upon).
Does anyone know any rules governing what value to use when dividing matrimonial assets?
Thanks
I had to go to a full trial because the ex did not want to settle.
Fast forward to today's date. I am trying to roll over my RRSp(s) to my ex spouse using the value of July '09 and it is the same value(s) that were used as evidence during the trial in December 2010. The ex wants to use todays value instead of the '09 value as the have gone up in value.
A chart of assets is included in the final court order with 09' values and each of us gets half of the value stated.
My opinion is that she should not benefit from any gain as she did not want to settle and I did in the very beginning.
Hypothetically, if I had a strong performing stock that was paying 15% dividends and she new about it at the date of separation and decided to wait 2 years before making an application to divide matrimonial property, is she entitled to the 15% gain.
I had a lawyer at the trial. He said use the July '09 value and the ex's lawyer says to use today's value. Of course the lawyers had different opinions. (more money for them when things aren't agreed upon).
Does anyone know any rules governing what value to use when dividing matrimonial assets?
Thanks
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