Assets earned during a marriage are equally divided. Period.
Actually, there are a bunch of assets that can come into a person's control that are NOT equally divided during a marriage. Inheritance, life insurance payouts, disability settlements, etc...
Please stop judging and indicating wives who earned less during the marriage deserve less, and therefore men who either hide money or are not forthcoming financially are justified.
I don't think it is just females in this position anymore. There are lots of examples on CanLII of men and same-sex couples that are faced with a partner's decisions.
This is not particularly a heterosexual issue. In today's society, my recommendation to anyone engaging in a relationship where they reside with another person to (a) remain fully employed and (b) be prepared to face a future without their partner.
After 23 years of marriage, and literally giving up a career to stay home with our children (a decision HE was adamant about), I am in debt over $50,000 while my ex just bought a $100,000 Audi.
Why did you give up your career 23 years ago? That was only in 1994 that it happened. The suffrage movement happened 70+ years prior in Canada and you were not "required" to stay home and not continue your career.
I am getting the impression that you did not have a "choice" in the matter but, am confused why someone in 1994 couldn't choose to have a career. Children don't automatically mean both parents have to end their career. Especially in 1994.
The spirit of the 90s was strong in 1994.
You could have chosen to end the relationship and remain in your career. It is not like it was 1944, 54, or 64...
Also the Audi wasn't purchased cash... It is probably leased. So it only costs the person a portion of the cost to drive the car for a limited time period. Sure the car has a value of 100,000 but, he may only be using it for 25,000 worth of the value and returning it afterwards.
It’s been almost two years since we separated and he STILL has not provided his last three years of income tax returns, or his financial information. Why do you think that is?
Answer: You probably have an underqualified lawyer.
Any lawyer worth their weight would have served a Form 20 for the financial disclosure with an attached notice of motion dated 21 days after the date on the Form 21 and notified the other party that on day 21 they would bring the attached motion and ask for the disclosure requested in the attached Form 20 and for the costs for having to do so.
Financial disclosure is one of the EASIEST things to get. Its a technical request that can be granted at a Case Conference, Settlment Conference, or any other conference by order of the court.
Why you haven't gotten the disclosure is because you haven't taken your case forward in the appropriate way... (Rather your lawyer hasn't.) If financial disclosure is improtant then motion for it or make the request at the case conference.
You have equal responsibility to move your case forward as the other party. Don't just ask for stuff... Use the legal system to get it!
Having stayed home for over 18 years with my children, it is inconceivable that I can now, in my 50’s with physical limitations, find a career that I will be able to support myself.
Well, I thought you gave up your career 23 years ago but, you have only been home with the kids for 18? What were you doing the other 5 years?
Again, you were not legally required to "stay home" with "your kids". You could have had a career too. In 1999 there were lots of great solutions for child care... Especially if you were a dual income family! I would say even more than in 2017!!!
What "physical limitations" are we talking about? If they are enough to prevent you from employment you qualify for disability. You live in Canada and there are support systems for disabled individuals.
Furthermore, what if your partner died and didn't have a life insurance policy. What would you do now?! How would you support yourself?!
I cannot fathom how an adult would allow themselves to become completely financially dependent on another person. Especially in 1999, 1994 or whatever year you turly ended your career.
Finally, everyone has value and is employable. They just have to be willing to accept the kind of work they qualify and the pay they get for it. The people who say they are unable to work at all confuse me. Especially the ones that are able to create an account on a web forum and post messages. They have computer skills and can operate the terminal at Tim Hortons for sure. Or is that work "beneath you"?
Good Luck!
Tayken