Without proper planning, retirement funds could be compromised by late divorce Divorce is becoming increasingly prevalent among Canadian seniors and with the rise of such ‘grey divorces’ come unique financial considerations. While younger divorcing couples may have concerns about issues such as child support, older couples are more likely to …
As innovative as the decision might seem, Kerr v. Baranow represents nothing more than a renovation and modernization of the law of unjust enrichment.1 The cause of action is relatively well-established, as is its analysis. The Supreme Court of Canada has merely tweaked or reinforced each step of the original …
If you are in a situation where you are separating from your spouse and they are not earning the income that you believe that they could be earning, you are not entitled to insist that they get a job or find alternative employment, but you may be able to impute …
In order to set child and/or spousal support payments, the payor’s Guideline Income must first be determined. If a payor is an employee, often his/her Guideline Income will be the amount found on Line 150 of his/her previous year’s income tax return. However, if a payor is self-employed, the amount …
If you have separated from your spouse you are entitled to financial disclosure documents in order to determine what support may be payable (either child support, spousal support or partner support) as well as what an appropriate division of matrimonial assets and debt would be. The Alberta Rules of Court …
The Civil Marriage Act of 2005 changed Canadian law to allow same-sex partners equal access to marriage for civil purposes on the basis that every individual has the right to equality without discrimination. Since 2005, thousands of same-sex couples have accessed the rights afforded them under the Civil Marriage Act …
When a couple decides to buy a home together, one consideration they will be faced with is how they should be reflected on title. The same dilemma can apply when one spouse owns an existing property and is considering whether to put the other spouse in title when he or …
Issues that may impact the validity of a Cohabitation or Pre-Nuptial Agreement are typically viewed far too abstractly by parties and lawyers alike. The demise of the relationship or marriage is viewed as merely a remote possibility. Any disputes about the agreement actually culminating in litigation are seen as even …
More than ever, employment and economic forces are conspiring to force some Albertans to consider relocation. In those situations that involve relocation with children of a divorce or separation, this may culminate in a Court application. When one parent seeks a significant relocation with a child, and in so doing …
In 1996, the Federal Government introduced the Federal Child Support Guidelines (the “Guidelines”). The purpose of the Guidelines was to promote consistency and fairness in child support payments. The Guidelines provide for two classes of payment. First is “Section 3” child support, which is based on the payor’s income as …
