Navigating Equal and Unequal Divisions of Property, Family Debts, Pensions and RRSPs

As a general rule, divorcing couples are automatically entitled to share equally in matrimonial property. In some cases, this can be a fairly straight-forward division. In others, the process involves assets or debts that are challenging to apportion equitably.

At Soby Boyden Lenz, we provide the sophisticated legal advice you need to navigate property division scenarios of all kinds.

Unequal Division of Matrimonial Property

A 50/50 split is not always fair for both parties. The law recognizes this and allows for certain properties to be exempted from a distribution or for these properties to be divided unequally. It also allows an ex-spouse to seek a court order that provides not only for an unequal division but that the property be exempt from division.

Our lawyers can determine if an unequal division of property would better represent your interests under the law. We can negotiate for an agreement with your spouse or, if necessary, pursue the matter in court.

Splitting Investments and Benefits

Some assets, such as RRSPs and workplace pensions, can be tricky to divide. We can weigh the factors involved and help you assess your options on:

  • Optimal payout structures
  • Minimizing or deferring tax consequences
  • Appropriate dates to determine divisible portions

Unequal Responsibility for Family Debt

Debts incurred during the marriage are also typically shared equally. In some cases, an ex-spouse may have taken on debt outside of the normal course of a marriage. One such scenario may be gambling debt. If sharing debt would be unfair to you, our lawyers can help you seek an alternative arrangement.

Book an Appointment with Our Lawyers

To arrange an initial consultation about your divorce, call our Calgary office at 403-770-9336 or use our online form to reach us by email.