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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 01-08-2016, 08:17 PM
paceman paceman is offline
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Default New here and need urgent advice!

Hi all, I am new here. And my apology first for a long post. I have been separated almost 18 months and had been using a lawyer to settle our divorce from a marriage of 6 years with no kids. A little background, I had been supporting her 100% financially from the beginning for her education as well as for her specific medical condition cost and she took full advantage of not working most of the time as I didn't force her, until only last 2 years she started part time in a retail shop (less than 15k/Yr). I was solely responsible for mortgage and all household expenses during the marriage. She did not continue college during our marriage but now started again during separation and expected to finish after one semester.

Anyway, the situation is now we are in the process of divorce and an offer of settlement is agreed upon after reviewed by both lawyers (she is on legal aid) and she is getting 50% for matrimonial property, pension, RRSP to which she has 0% contribution.

In the settlement, it was agreed that since she left the house voluntarily (no charge whatsoever against me!) she should be liable for 50% of the expenses incurred during the separation period. Last 18 months or so I have been in the house alone maintaining the town home, paying everything, did repainting/renovation to prepare for sell. In the proposed agreement it was said that the matrimonial home would be sold, so I tried to sale the house with agent during last fall but didnt get good offerso being frustrated we (my stbx happily agreed assuming she would get more now!) decided to go for refinance and that I would buy her out. Now my issue is with my lawyer who is saying that I would not be able to claim anymore that 50% of cost (during separation time) because the house is not being sold/but refinancing, which is a change. Is it right what he is saying, given that my stbx agreed on the refinancing happily?

Another question is do I need to gross up the equalization payment to account for her tax liability attached to the equalization payment. As I heard RRSP/Pension rollout is possible Is it better/possible to give more from my RRSP (rollout) rather than pension (I have very good pension!) but the total amount would be same.

Another issue is SS: They agreed of 3 yrs of SS (6 yrs of marriage), and I wanted to add the specific clause of when spousal support ends such as: 1) cohabitation for more than 12 months 2) death 3) she leaves the country. My Lawyer said it is against the agreed proposal whereas in the proposal there was no clause just the amount/length was mentioned!

Finally, should I also include the provision of reviewing SS due to material change? hat should be included as material change? Will they come out for more years if I add such clause? What is the chance that they would come back for reviewing all the above situation?
I felt like I need to change my lawyer, although I already spent bit of money last 15 months! I am confused and need some really good advice..please!
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Old 01-08-2016, 08:23 PM
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arabian arabian is offline
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If you change your lawyer, or your offer to settle (assuming this was a FORMAL offer to settle) at this time you will spend a lot of money.... probably more than what you stand to have to pay the way things are right now IMO.

Did you get an appraisal of the property prior to listing it for sale?
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Old 01-15-2016, 12:28 PM
paceman paceman is offline
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Thanks arabian for your resposne. Yes that was a formal offer through our counsel and it was accepted, but when preparing the separation agreement, I wanted to clarify the issues such as when sposual support ends, issues of material change, tax issues on transfer of RRSP/Pension funds, and the debate arised. And at that moment I fail to unbderstand wheter my counsel was working for me or not!
The house was not formally appraised but was consulted with four agents and hence listed (stbx agreed/signed on agreement), even reduced price twice(stbx agreed/signed on agreement)...in fact the market was actually very crucial, and I can't afford to sell without getting some of my money back..so we deicided to refinance......I do not understand why the agreement on equalization need to be changed if I decide to buy her out (which she fully agrees) instead of sell, when I (we) agree with the equalization.(50-50). My counsel is just delaying to send the file......I am really confused as time is running out....
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