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  • RRSP Value Then or Now

    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

  • #2
    I can't imagine any scenario where you would use anything other than the date of separation to determine the value of an asset. Unless mutually agreed upon and included in your court order of settlement. Go by what's written in your order, as your lawyer says. She and her lawyer are just trying to hoodwink you.

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    • #3
      There is nothing written in the order per say. It just has the list of assets, their approx. value and states that the assets are to be divided equally.

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      • #4
        Originally posted by Rioe View Post
        I can't imagine any scenario where you would use anything other than the date of separation to determine the value of an asset.
        ^^This! Her suggestion is ridiculous. If that were the case then people would purposely drag things out longer to walk away with more money and it would all be court sanctioned.

        No way is she entitled to anything after the seperation date.

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        • #5
          I had exactly the same issue.
          Value at date of separation was half the value that it was when we went to trial.
          She tried to say that she should get the value at trial.
          Judge said no way, no how.
          If they had gone down in value I would have lost out.

          Use the value at the date of separation.
          Period

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          • #6
            You went to trial right?

            Wasn't there an order for equalization made at that time?

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            • #7
              What she is doing is pretty much an angleshot.

              She is arguing that she should get the higher value because the RRSP has gone up. Had it gone down, she would be arguing for the value as at the date of separation. Pretty setting up a win/win for her.

              Date of separation is the standard, pay her that.

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              • #8
                I don't understand why this is even an issue. If you had a trial, then an order would already have been made to deal with this.

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                • #9
                  My boyfriend and his wife split 5 years ago. It took 3 yrs for everything to settle. In the mean time his employment stocks went DOWN. He had to pay her out approx 75% of what the stocks were worth seeing they were worth less then when first separated. Sometimes it goes the otherway too.

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