1-877-797-9411
Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

What are my legal responsibilities regarding paying him?

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

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

Anonymous Asked:

My husband has been unemployed for half of our married lives together and therefore has no RRSP or CPP contributions. He is currently unemployed and has been for the past 4 years. All unemployed time was *not* due to medical issues. I have been employed with the same company for 17 years. What are my legal responsibilities regarding paying him spousal support and half of my RRSPs, CPP, pension, TFSAs, inheritance, and so on?

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Stuart Zukerman
5 years ago

Under the BC Family Law Act there is a presumption that all assets (excluding pre relationship equity which can be traced into current equity, and inheritances which have been kept separate held in the receiving spouse’s sole name) are subject to a 50/50 division. This includes RRSPs, CPP, employment pensions, TFSAs, savings, furnishings, equity in vehicles, equity in other forms of assets, etc. The 50/50 approach applies unless the applicant can establish on a preponderance of evidence that it would be “substantially unfair” not to divide 50/50. The terms “substantially unfair” has not yet been judicially considered and interpreted though it is clear that it would require the evidence to show that it is not just unfair to have an equal division, it must be substantially unfair. Spousal support obligations will be presumptively decided based on an application of the Spousal Support Advisory Guidelines. On a long term marriage (say over 10 -12 years) the guideline formula would generally be calculated by taking the income differential between the spouses (take the higher income earner’s annual income and subtract the lower income earners annual income) then multiplying that difference by 2% multiplied times the number of years of marriage (up to a max of 25 years). The result is the annual amount of spousal support payable by the higher earner to the lower earner. If you divide that result by 12, then you will have the monthly amount of support payable which is tax deductible to the payor and taxable to the recipient. If the evidence establishes that your spouse is intentionally underemployed, then the court can impute an annual income to him in keeping with his capacity to earn income. If the person has a poor work history such that his historic annual income is very low, the court may impute him with an income equivalent to minimum wage (approx $24,000 per annum including 4% vacation pay) and then use that income figure when applying the guidelines.

Latest Questions Asked:

DC Icon

Can I not pay child support in Canada?

Hi, I'm a 17 years old guy and I accidently got my ex-girlfriend pregnant (if she is not lying). The problem is, we are not dating anymore and I cannot pay the child support. I don't even work and my parents would probably kill me. So I spoke to her ye ...

DC Icon

Spouse under-reporting income to CRA and doesn't want to pay support

My spouse has been deliberately under-reporting income over the last few years in preparation for a divorce. How can I prove this, as my spouse does not want to pay spousal support?

DC Icon

My ex stopped child support payments

My ex stopped his child support cheque (it bounced). His lawyer is demanding (unreasonable) information about child and stopped the payments to extort that information. According to our separation agreement, my ex has to keep paying even if there are d ...

DC Icon

Child support payments while on EI

When the parent who has to pay child support and is on unemloyment insurance does he still have to pay? If yes when do i receive the support check?

DC Icon

Missing Child since 2009

My wife ran away to Hong Kong in 2009, I have no news of my son since. I have an e-mail contact with her and that's it. I want to see my son, hold him in my arms... we are in 2016, it's been 7 years... She doesn't let me talk to him or see him, and she ...

DC Icon

Ex lives in the Philippines - how can I get divorced?

I lived here in BC for more than 6 years and have legally separated with husband in the Philippines. Now i want to file an uncontested divorce from here but the problem is, my ex husband is not allowed to sign the divorce paper that i prepare since Div ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x