Hi... Ive asked here before... but Im giving this another…

Hi... I've asked here before... but I'm giving this another shot. I was married for 35 years. In the separation agreement, WE split the difference of our income, and I transfer half the difference to my ex. At the time of the split I was 58 and she 55. I'm 64 now. Pension income was to be treated in the same as regular income, after retirement, unless there is a divorce, in which case the actuarial value of half my pension for the number of years we were together would be transferred to my ex.... as per the canada public service pension benefits division act. I should mention that I worked as a federal civil servant for 28 years, and my wife, who followed me around and so didn't have a major career, worked as an educational assistant.

We quarrelled about the matter of any income I would receive after retirement if I went to work as a private contractor. My arguement was that I wanted to retire, and if I worked after that, it was my own business. I committed to not retire for 5 more years at the time.

Anyways, we ended up agreeing that the first 10k of post retirement income would be mine, and anything elsee after that I had to split with her. When I made this deal, I didn't envision working much after retirement. Anyways circumstances changed, I moved out of vancouver into interior bc... and now I make about 20 k per year in post retirement income. Fine and good.... But I have a problem.. Sometimes an opportunity arises to go back to work FULL TIME for a couple of months, rather than one week or so per month for half the year. I've been doing this for 6 weeks now, and I find that with the reduction in pay it's really not worth it for me. I get paid 50 bucks per hour, but when I give away half of it, and than pay tax.... I'm left with 17-18 bucks. It's very onorous intellectual work, and simply not worth the lower pay rate. I've asked her to put a cap of 5 k on the post retirement income I give her.... and to compensate her by giving her half an rsp I have (about 10K.... remaining from my severence pay, of which I already split with her) Anyways she won't hear of it.... and says she will use the courts to enforce the SA if I cap what I give her.

My arguement is this.... I don't want to work over 20k..... if I have to give away half of it at this point it just isn't worth my while... and I'd rather enjoy my retirement. But OTOH, I could really use the money, and this agreement is giving my ex, IMO an overbearing influence on what I do.

Do I have any basis for going ahead with a divorce and asking the court for a variance? The basis would be that her decision is preventing me from living my life as I want to, contrary to the spirit of the family law leglisation....which expresses the desire that separated/divorced couples should be free from the control of the other....

Do I have a prayer here? Or should I just put up and shut up.... It's a bit galling.

cheers. Chris.