Question about Legal Support

Posted in Location, Ontario, Separation, St. Catharines by Questions on August 5, 2013

I am legally separated and I am just waiting for my spousal support to be transferred to my account, but we were seeing each other for awhile. What if we decide to get back together. Do I have to give back his support and rrsp’s or are they still mine. And if they are still mine, how would I be keep my money for myself if things don’t work out between us.

1 Expert Comment

  1. On August 14, 2013 at 9:47 am
    A Family Lawyer said:

    In respect of the support monies the likelihood is that the monies were spent on expenses between the period of separation and resumption of relationship. If all support monies were spent then you have no accountability to the other person as the monies related to the period between separation and reconciliation. In that case, the support monies were received and used as income. It may be possible that not all support monies were spent and that some of the support monies were held on reconciliation. If you had the support monies on reconciliation then lets deal with that similar to dealing with the RRSPs which were transferred to you, as both the money on account and RRSPs would be property.

    In respect of the RRSPs it is probable that the RRSPs were not spent between separation and reconciliation. If you do not return or give back the RRSPs on reconciliation then you may be factually representing that you were content with the arrangements made in respect of the first relationship breakdown. Are you going to want to use the very first date on which the relationship commenced or the date on which you resumed cohabitation, if in the event there is a second separation? In other words, it may be that keeping the RRSPs represents that you are satisfied with the arrangements in respect of the first period of the relationship. But, there is no legal requirement to return the RRSPs to the other person if you reconcile. You cannot give back what you do not have on reconciliation.

    Instead of looking at it as giving back the support payments and RRSPs on reconciliation the question is what is going to happen with those monies on resumption of relationship? If you pool the monies with the family resources during the second relationship do you still receive a deduction or credit for bringing those monies into that relationship? Will you receive a deduction on dividing property if in the event of a second separation? I would think that one probable outcome is that the monies on account and RRSPs related to the arrangements in respect of the first relationship. If not relating to the first relationship, then a full accounting must be done from original date of relationship. These questions are going to require consultation with a lawyer of your choosing and be very much fact driven, ie, are the parties legally married and entitled to prima facie equalization of net family properties or unmarried and required to make trust claims against each other?

    Mark A. Simpson
    Simpson Law Professional Corporation
    203 – 219 Oxford St W
    London, ON N6H 1S5
    Tel: (519) 645-1200
    Fax: (519) 645-1206

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