married 25 yrs, wife worked only briefly,raised grandchild; but no children of our own, we want a divorce. who must leave and do i have to pay her anything?
Already Tried: nothing so far.
Hello;
There is no fixed law as to who must leave the home. If you cannot agree on this, a court would decide.
If your wife was not in the workforce for much of a 25 year relationship, likely there would be spousal support payable from you to her.
There will also be a division of matrimonial assets. Whether you pay money to her for that would depend on what she owns in her name, versus what you own in your name, or how any joint assets such as house, vehicles, bank accounts or so on will be divided. If you have a work pension or retirement savings, likely you will be paying her as that is also matrimonial property and if she has worked only briefly in the last 25 years she will not have such assets in any significant amount.
Experience: with over 15 years experience.
We live in b.c, my work is seasonal, and am coming to an end of my ability to do the job i do. High payments make it impossible for me to move.
There is no fixed amount of spousal support that is payable. The court will try to determine a fair amount based on your actual income and your own financial needs. If they are asked to determine who should move from a house, they consider the financial ability of each spouse. Sometimes the court concludes that until a house is sold and the proceeds divided (which will happen if there is no ability of either spouse to buy out the equity of the other person), they may not order anyone to move, as it would not be financially feasible for the couple to live in two separate homes while equity is locked up in the matrimonial home.