Living Separate - Mother of 3

Answer: You have raised multiple questions. I answer them as follows:

1. Based on the above facts you are already legally separated (based on the one year separation requirement) and I can obtain the divorce for you now. (You can be legally separated even though no one has “moved out”).
2. I need to know why he has not worked for the last 10 years. This will affect my answer in terms of his potential child support obligations. It will also affect YOUR exposure to potentially pay him spousal support.
3. Property: you are both entitled to an “equalization of net family property” pursuant to the Family Law Act. This means that all of your assets/debts get considered and shared – especially after a 24 year marriage – regardless of who contributed/incurred them. That being said, section 5(6) of the Family Law Act allows for an unequal division (“less sharing”) based on fairness considerations. However, I would need to speak with you to ask questions, before commenting on whether this section might assist you.
4. Inheritance: money received during the course of the marriage, from an inheritance, is an “exclusion.” If the rules can be met, then you need not share the inheritance. However, the inheritance must be traced and exist on the date of separation. As well, it cannot go into a matrimonial home. I can tell you exactly how your inheritance will be treated, after I can ask you some questions.

As you have a complicated case, I invite you to telephone me for a free consultation, so that I can provide proper guidance to you.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).