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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 10-19-2012, 09:48 AM
c800957276 c800957276 is offline
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Default Wrongful dismissal settlement

Hi,
My wife and I have been separated since September of 2011, but continue to live under the same roof. She was working at a bank at the time of separation. She had worked there since December 2009, but got fired at the end of January 2012. She is suing that bank for wrongful dismissal, asking for a large sum as settlement. Since I was married to her for almost the entire time she worked there before separation, do I get a share of any portion of that settlement?
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Old 10-19-2012, 09:54 AM
murphyslaw murphyslaw is offline
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Wow you really are a winner,you are gonna suck her dry for every penny she may ever have?Guess what it doesn't quite work that way.How is custody split ?How much child support are you paying and how long was your marriage?Im pretty sure unjust enrichment could come into place since it was a short relationship.
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Old 10-19-2012, 10:05 AM
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Quote:
Originally Posted by c800957276 View Post
Hi,
My wife and I have been separated since September of 2011, but continue to live under the same roof. She was working at a bank at the time of separation. She had worked there since December 2009, but got fired at the end of January 2012. She is suing that bank for wrongful dismissal, asking for a large sum as settlement. Since I was married to her for almost the entire time she worked there before separation, do I get a share of any portion of that settlement?
No. Any monies she receives post-seperation is hers and you have ZERO entitlement to.

And you're an ass for thinking you would, could or should and looking for ways to get something that has absolutely NOTHING to do with you.
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Old 10-19-2012, 10:21 AM
c800957276 c800957276 is offline
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Default Clarification

Trust me fellows, I want nothing to do with any money she receives post separation. Even if I were to be entitled to anything, I wouldn't touch it because I am a decent person. The only reason I'm trying to find out about this is because she is after everything I have, and honestly, I'm prepared to let her have everything we got during our 7 year marriage. However, she wants to ask for every penny I have saved since separation, every bonus I have gotten since separation, etc. I was just trying to find information for leverage.
She is voluntarily unemployed in a bid to maximize spousal support, while lying that she is looking for work, and using the same scenario as a way to getting my son used to living with her only to maximize child support. That is the worst I can take. I would give her anything she is entitled to, make some concessions after the fact, but won't let her use my son as a bargaining chip via manipulation of the legal system.
Hope this clarifies this.
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Old 10-19-2012, 10:38 AM
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She can ask for whatever she wants, she has to show how she'd be entitled to it - which she isn't. Nor are you.
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Old 10-19-2012, 11:44 AM
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I belive that settlement money, if she is successful, would be considered income. The employer would be ordered to pay her $ for time period x - z. You would have to see the exact wording of the settlment award. If she collected EI she would be expected to repay that. Comes down to "wording" of the award. Hope this helps.
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Old 10-19-2012, 01:39 PM
Pursuinghappiness Pursuinghappiness is offline
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Quote:
However, she wants to ask for every penny I have saved since separation, every bonus I have gotten since separation, etc. I was just trying to find information for leverage.
She is voluntarily unemployed in a bid to maximize spousal support
Have you filed?

If you have and you have an established separation date, you should be ok with assets acquired after that date.

Also, she can be unemployed but since she's worked before...she's going to have issues proving she can't find any work. You need to work from your end to show that she's qualified for something...ie, Tim Hortons, Walmart Greeter, Phone Sex Operator...and have an income inputed to her.

If she's successful in her lawsuit, you could also use that to make the argument that its in lieu of salary and use those monies to lower her SS obligation, if you end up having one.

She sounds like a piece of work.
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Old 10-19-2012, 02:50 PM
Berner_Faith Berner_Faith is offline
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Quote:
Originally Posted by Pursuinghappiness View Post
You need to work from your end to show that she's qualified for something...ie, Tim Hortons, Walmart Greeter, Phone Sex Operator...and have an income inputed to her.

And ^^^ is why I always look forward to your post...that would be an interesting argument in court... "but your honour, she is perfectly capable of being a phone sex operator...you should have heard the way she spoke to me!"
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Old 10-19-2012, 03:12 PM
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And ^^^ is why I always look forward to your post...that would be an interesting argument in court... "but your honour, she is perfectly capable of being a phone sex operator...you should have heard the way she spoke to me!"
Hmmm, I don't think they consider "F*@K You!" to be foreplay....
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Old 10-19-2012, 03:21 PM
c800957276 c800957276 is offline
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Quote:
Originally Posted by Pursuinghappiness View Post
Have you filed?

If you have and you have an established separation date, you should be ok with assets acquired after that date.

Also, she can be unemployed but since she's worked before...she's going to have issues proving she can't find any work. You need to work from your end to show that she's qualified for something...ie, Tim Hortons, Walmart Greeter, Phone Sex Operator...and have an income inputed to her.

If she's successful in her lawsuit, you could also use that to make the argument that its in lieu of salary and use those monies to lower her SS obligation, if you end up having one.

She sounds like a piece of work.
Yes, we have filed ans established a separation date. Thanks.
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