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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3405
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I live in Alberta and recently received an award from

Customer Question

I live in Alberta and recently received an award from veterans affairs, 4 months after separation . I am in divorce proceeding and division of assets. The injuries I received were years prior to my present spouse being around. My question is she entitled
to half of the award
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question.

This will depend on the nature of the award. It's good that you got it after separation, and for injuries sustained prior to your relationship. By that alone, it's quite possible that your award would be exempt. If I were a judge, I'd conclude (most likely) that your entitlement to the award and the award itself occurred outside the relationship and aren't included in property to be divided.

As well, look at the exact purpose of the award. If it's similar to a personal injury award then it will be exempt on that basis. For instance, if it's to replace ongoing income then you won't have to share it by way of property division (but if it does count as income replacement then it could affect a spousal support claim either way). If it's meant to compensate you for out of pocket medical or rehabilitation costs now and in the future, then it's similarly exempt.

I strongly recommend that you get together information on the exact purpose of the award and then take it to your lawyer if you have one.

That's the best answer I can give without more information. If there's more to discuss then please reply. If I've answered you then I'd appreciate a positive service rating please.

Customer: replied 1 year ago.
The award was for PTSD suffered while in the military. I t was a lump sum award. Does that change your thought?
Expert:  Ulysses101 replied 1 year ago.

No, it sounds compensatory, but it could be intended as income replacement, or for rehabilitation, or for something else. Perhaps you should seek more information from your veteran's association?

My gut tells me that you won't have to split this, but I can't guarantee it.

Expert:  Ulysses101 replied 1 year ago.

Is there anything else to discuss about your issue? I'm still here if there is.

Expert:  Ulysses101 replied 1 year ago.

Any new information you wish to talk about? If so then I'm here if you wish to reply. If not, then don't abandon your deposit to the site if you're not on subscription. If you made a deposit you can ask for it back, or leave it there for a future question.

Ulysses

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