I need good advice from the forum members to help me move forward. I am particularly seeking opinions on whether I am being unreasonable. Here is some background information about my situation.
- Married for 18 years
- Separated for a little over2 years
- Two kids (12 and 14 yearsold)
- Currently, the ex and I still live in the same house
- I have been (and still) paying for everything in the house. The ex doesn’t pay anything
- I'm employed full time with good pension
- The ex currently not employed. She was employed then recently (few weeks ago) lost her employment. She never been able to obtain full time employment, but she's been always able to get full time term employment
- The ex is highly educated with post-graduate degrees
- For the time being, the ex decided not to pursue any employment opportunities. In the past, she was always able to get a job.She never stayed out of employment for more than few weeks
- We both have lawyers
- Few months ago, our lawyers drafted a separation agreement, which included the ex’s entire lawyer proposed terms. At that time, the ex had a job that paid her the lowest income in her entire career. Therefore, the terms of the agreement were based on that low income
- Asset division and equalization completed (but not applied yet). Due to my pension, I ended up owing the ex a large sum from equalization. However, my share of the house (50%) is still higher than what I owe. Therefore, I can cover what I owe from my share of the house
- Spousal support: we agreed, with the approval of our lawyers, in return for a full release from spousal support, I transfer my entire share of the house to the ex, basically she will own the house (remember that my share is more than what I owe in equalization). In addition to that, the ex will have all the content of the house, and the car. Furthermore, I will not ask the ex to pay what she owes in property tax, property insurance, household maintenance and repair, other household costs including groceries, etc., since the date of separation. In the draft agreement, spousal support release was intricately intertwined with property division.
- 50/50 custody, and I pay off set child support
- We keep the current SA, but an imputed income of $45,000 must be assigned to her, or she must get a new job, and I pay SS for a year.
- We cancel the current agreement, I split my pension with her at source, we sell the house, split the content of the house, I keep the car, and we do a schedule of adjustments for the two years after separation. I pay off-set CS, and once she proves entitlement, I pay SS (non-compensatory support only) for a pre-determined time.
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