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Thursday, 12 July 2007

Divorce support question, do I have to cough it up now? -

Location: Ontario Family law/Separation agreement enforcement issue. I need a bit of ADVICE , My wife of 23 yrs seemed to get bored and kept asking me for a divorce, after a while, I just agreed, why would I want to dedicaate my life to someone who wasn t fond of me... Gave her half of the house, child support, let her take what ever she wanted, she basicaally got half , plus I bought her a nice little car to help her on gas (to go along with her 4x4 SV), certainly not rich, but I did my best for her, took her to europe 6 or 7 times , never fooled around etc etc... I Now have a separation agreement and a divorce, the only term of dispute is around spousal support. I agreed to pay $300/mo for 3 years and (which I am doing) and to provide my ex with my entire LLIRA (LOCKED IN) pension worth about $103K which is available at my age 65 , 16 yrs from now. She is calling me to court on enforcement to have the LLIRA transferred now. The separation agreement says nothing about \quot;WHEN\quot;, They her and her lawyer have assumed that the deal was based on transfer being now, I have taken the position that I agreed to transfer the funds (and still do agree to transfer the funds) but agreed and signed the separation papers based on my understanding of the transfer taking place when I am 65. (this is so that I can invest and earn some money until then) My lawyer has recommended that she doesn\ t think she can defend the separtation agreement that she wrote and I now have no lawyer and a filing date of Nov 27! for all my information. th. My question is.... 1) Do I have a chance to win the ruling because it is not specified? I can state my case by saying that I want to fully uphold the agreement and have the funds transferred at retirement and that is my understanding of the matter. Her lawyer did not specify a date so why is it assumed that it must be now? and why should that wash anymore than my argument? Some feed back would be really nice, remember I m in Canada so Ontario laws.... Mike|::::|Typically divorce agreements on division of property and assets assume the transfer of assets will happen as soon as the divorce is finalized and/or the division of property is finalized (whichever is later). You, my friend, are screwed. You ll have to cough it up now for sure. Think about it, if it was you, would you want quot;yourquot; money in someone else s care for 16 years? No. You wouldn t. What happens if you die next week? Then she has to fight with your family to get what actually is already hers according to divorce agreements. Also, maybe SHE thinks she could invest whithin that fund/account better than you can. Why should she have to agree to let you manage her fund when she can get higher returns if she does it (whether or not she actually can). Let it go. Let her go. get on with life. You have already been most generous, but you need to let go.|::::|Sorry can t help you since Canadian laws are likely different. In the US, it is assumed that the pension isn t available until retirement unless specifically stated.|::::|Hmmm, Tough one. It sounds like she is trying to scare you into giving it to her now. I would if I were in your shoes respond to her in a way that she can really understand. I would state that if she wants the money at all,then back off or get nothing. You have been more than fair,don t let her take of advantage of that. Of course give her what she deserves, I m not trying to be nasty. If the Lawyer has not stated a time,and the paperwork has not stated a time,and she signed it then it sounds like your both on even ground. Except that it is your money that you have agreed to give her. It sounds like she don t want to wait,lol hey who does,unfortunately it is not her choice. Be careful and good luck.

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