Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Financial statement question

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

Hello. I have a two part question regarding filing out of my financial statement and splitting of a pension. A year ago my spouse (of 26 years) said she wanted a divorce and moved out. Both of our kids are adults, over 18. A few months after my spouse moved out I met an awesome woman at the dog park and after 6 more months have moved in with her. My ex has delayed the whole separation/divorce proceedings and even after reaching an agreement through joint mediation, continues to delay getting anything done. She has now hired a lawyer and refuses to honor the signed mediation agreement (which I understand she doesn't have to). My first question is when I fill out my financial statement (FLA 13.1) do I include the full cost of the household expenses (rent, utilities, food...) as well as my new partners income (and amount contributed to the household) or do I only list my share of the expenses and exclude my partners income. Second question is my ex-spouse has a Provincial government pension which we have received the Family Law Value from the plan administrator. Her lawyer has hired an actuary to estimate the tax payable on the total amount accumulated during our 26 years of marriage. He calculated the tax on the full amount then reduced it and then split it 50/50. Is this correct or is the amount listed by the plan administrator the final figure.

Expert Comment:

Notify of
1 Comment
Newest Most Voted
Inline Feedbacks
View all comments

You have asked questions that really require the providing of legal advice. Please note that this answer is not legal advice. I can only provide you with general information, as follows:

When you fill out a financial statement the expenses listed are the amounts that you actually pay.

In terms of your partner’s income you will see that there is a part on page 4 where you must list the income of the person that you are living with.

In terms of the pension it is correct to state that appropriate tax must be deducted from the family law value provided by the Pension Plan Administrator. In terms of what that amount should be it is also proper to retain an actuary to obtain their opinion. Whether the actuary retained by your wife’s lawyer is correct is a different issue and we can offer no comments on that without reading the applicable documentation.

You are welcome to telephone me at (866) 557-3222 for a free consultation if you wish more information or assistance.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

Latest Questions Asked:

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

DC Icon

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

DC Icon

I got married in Toronto and divorced in Mexico City. Do I have to register my divorce in Toronto?

I got married in Toronto to my Mexican ex-husband and we divorced in Mexico City in 2009. From what I understood from the divorce proceeding, the judge ordered the court to inform the Ministry of Foreign Affairs to notify the Canadian authorities of my ...

DC Icon


How is the remaining contribution room of a child's RESP shared (assuming an RESP is started but contributions are less than the maximum $50k per beneficiary) if no stipulation was made in the separation agreement? (Note: also assuming each parent cont ...

See All Questions
Would love your thoughts, please comment.x