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Obligated to pay him even though he abandoned the marriage?

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Anonymous Asked:

I have been married for 6 years - sponsored him to come to Canada. We have only been intimate once since we got married. Due to personal beliefs i stayed for better or worse (and kept hoping things would get better)! Now I need to move on. He is wanting to take half my RRSPs/Pension and to pay a huge amount as a settlement based on the fact we have been married for that long and I made more $ than he did. I don't think he deserves it as I believe he really was just using me to come to Canada. He is verbally abusive as well. Am I obligated to pay him even though he abandoned the marriage a week after we said our "I dos"

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Stuart Zukerman
5 years ago

A: Under the FLA each spouse is presumptively entitled to 50% of the assets acquired (or the growth in the equity in assets) during the marriage from the date of cohabitation to the date of separation unless it can be established that such a division would be substantially unfair having regard to a wide variety of factors. This excludes from division the equity that existed in the assets owned by either spouse prior to the date of cohabitation or acquired after the date of separation.

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