Co-parenting comes with challenges any time of year, but the holidays can be a particular struggle.Divorced parents in Alberta often contend with issues like child custody schedules, differing traditions and how much to spend on presents. They may also argue over Christmas, New Year’s and other celebrations. While there are …
Important financial considerations in high asset divorce
Couples who have become acclimated to a certain lifestyle, or who hold a significant amount of wealth, have particular considerations when they choose to end a marriage. In Alberta, even high asset divorce can leave one or both parties with concerns about their financial well-being. What can be done to …
Three big challenges that may accompany a family law dispute
Conflict is never easy, and when a family issue enters the legal arena, it often becomes even more difficult to manage. A family law dispute, in particular divorce, can bring with it several stressors. It is a good idea for Alberta individuals to prepare for these challenges ahead of time …
Safeguarding Enforceability of Domestic Contracts
APOCALYPSE NOW REDUX: SAFEGUARDING ENFORCEABILITY OF DOMESTIC CONTRACTS AND EXERCISING PROFESSIONAL RISK MANAGEMENT Whether generated by the genuine good faith efforts of the parties or a subtle exploitation of leverage and ultimate capitulation, if nothing else, the Domestic Contract is the physical representation of the joint intention of the parties. …
Divorce for business owners: Keeping emotions and money apart
When going through a divorce, small family businesses present a significant risk and challenge. Many married couples also happen to be joint-owners of small businesses. Running a business with a spouse can prove particularly beneficial since both owners tend to trust one another more than they would other business partners. …
Breaking Up – CBA Checklist
The Canadian Bar Association has published a helpful checklist of money-saving tips that assists in dealing with any potential financial consequences of relationship breakdown. Recognizing that break-ups can be a difficult and emotionally turbulent time, the checklist works as a preliminary tool that: Describes how to prepare for the first …
Tax Matters Toolkit: Separation & Divorce
The Canadian Bar Association has published the “Tax Matters Toolkit: Separation & Divorce” to assist separating parties understand potential tax consequences of relationship breakdown. The Toolkit notes that separation decisions, especially regarding children, property, or pensions, have tax implications and may affect parties’ future finances. To assist in becoming informed …
Rise of grey divorce poses unique financial questions for couples
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 …
Defending an Unjust Enrichment Claim in Alberta
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 …
Imputing Income for the Purpose of Calculating Spousal or Child Support
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 …