This question pertains to British Columbia family law. My wife…

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This question pertains to British Columbia family law. My wife…

This question pertains to British...

This question pertains to British Columbia family law. My wife and I could be splitting up in the near future and I would like some information on several points. A brief history, we have been married 18 years, I am 61, the wife 62. Our income is derived from a family owned company in her families' name and she is paid quarterly dividends. Around 2000, she decided that I no longer needed to work as her dividends were more than adequate for us to live on, and consequently I did, and to that point I have no remaining assets to speak of, any monies I had earlier on in our relationship I invested in helping support ourselves earlier in our relationship. We do not own any property in BC at this moment, jointly that is, but we both are listed as owners on a property in Australia. There is some funds in a RRSP and in several bank accounts in Canada. My questions are, if we separate then move on to divorce, seeing as I have no income, will she have to pay my legal costs? Would it be cheaper, faster and easier for me to just say I committed adultery, but if so, what might be the potential financial loss to me, I'm thinking, correct me if I'm wrong that she will have to provide me with some form of spousal support, as at age 61, my future employment prospects are fairly slim.. I understand there is equal division of assets and bank accounts, I wouldn't be expecting half of the dividends but would hope that a agreement that is agreeable to both parties. I would appreciate any feedback to these questions, thank you!

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Answered in 11 minutes by:

12/2/2013

Family Lawyer: Legal Ease, Lawyer replied 7 years ago

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 130,448

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

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Hello again,

Your admitting adultery would get a faster divorce if your wife applies for the divorce but if there are issues to be worked out and if they cannot be then you will need to deal with more than the divorce.

I am not sure you understood my last answer. If the business is partly your wife's then you will be entitled share in it's value or at least it's increase in value if your wife had this interest when she got married.

So don't think that it is a given that the business does not count as an asset to be considered.

If your wife has income and you don't then she will likely have to support you.

I don't recall if I told you about how to see a lawyer for only $25 but you should do this now.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

604.687.3221 or 1.800.663.1919.

She will not have to pay your legal fees but you will likely be getting support and also some payment for her assets.

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 130,448

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

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Customer reply replied 7 years ago

Hi Debra , yes I did get your initial response, but I guess I didn't clarify or detail my first questions enough. To clarify a bit, my wife' s dividends were stipulated in her father's will but tied up in a legal wrangle early in our relationship, hence me supporting her and helping out with her two kids. The company has done very well over the years to the point where there has been extra ordinary dividends released over the past few years.
I will contact the bar association as you have suggested, and get some detailed advice. The slight issue is that we are in the property in Australia now and I won't be back in Canada until April 2014, unless things get really stressful.
Thank you for the clarification, as many have no doubt said, this is a extremely tense and stressful time, and more so for me, as I had a thought in my mind of being left high and dry financially.
Steve