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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 07-15-2019, 07:01 PM
Nikolina Nikolina is offline
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Default Matrimonial Property division date- separation or trial?

Did anyone have a precedent like this:

Separated over 2 years ago, moved out, matrimonial home was sold and divided. No economic and or interdependent relationship existed during that time. My ex-spouse didn't pay child support and didn't see his daughter, at all. I have pension account funded by my employer where I also make some contributions. Are there are any cases that he spouses get post-separation property divided equally at the date of negotiation vs date of separation? All of my post-separation assets were funded by me and my employer solely. I read some cases where the court awarded division at the time of separation, given the circumstances sited above, but what is the reality like? Anyone went through similar experience?
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Old 07-15-2019, 07:59 PM
rockscan rockscan is offline
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What is the issue? Is he asking for a recalculation? If so, what is the off set of child support that should have been paid?
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Old 07-15-2019, 08:04 PM
Nikolina Nikolina is offline
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He wasn't working during this time and tried to pursue spousal support. Spousal support didn't go through, but also retro child support was denied as he wasn't employed.

I offered to meet to discuss the division at a time of separation, but he declined and hired a lawyer who requested up to date fin disclosure. My assumption is they want to divide as of today. Trying to estimate my chances here.
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Old 07-15-2019, 08:46 PM
tilt tilt is offline
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Current income disclosure is required if you are the residential parent and are pursuing Sec7. I have not seen case law where assets are divided other than the separation date unless finances are still intertwined (like owning the matrimonial home together).

My cynical take is that asking for your financial disclosure and reviewing it is both strategic (to get you worried and focused on the irrelevant disclosure) and an easy $1,000 in billable hours for the lawyer. That is talked about this blogpost here:http://www.schumanlaw.ca/family-law-...losure-is.html

So, if it isnít onerous on you, do up the disclosure and send it off so he can pay his lawyer for busy-work. Use the FLV of your pension as of the day of separation, Iíve not seen it divided based on any other date, and the rules around pensions are much more codified than, for example, the ones around the matrimonial home.
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Old 07-15-2019, 09:17 PM
Nikolina Nikolina is offline
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Thank you! That is what I thought.... I guess I need to change a lawyer, as mine said the general rule is as of trial....
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Old 07-16-2019, 07:17 AM
rockscan rockscan is offline
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No its as of separation date.

Plus you could question why he was unemployed and what he was doing to find work. He is obligated to support his child even on EI. You could argue having an income imputed to him.
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Old 07-16-2019, 08:50 AM
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arabian arabian is offline
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Read Alberta Matrimonial Property Act and then CanLII (Alberta).
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