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Collaborative Law: Keeping Divorce Civil and Private

January 24, 2017 by West Coast ADR

It is not over-generalizing to suggest that someone who is going to be paying spousal support usually feels a lower dollar figure is sufficient than does the would-be recipient. British Columbia men and women about to enter divorce proceedings may wish to consider the case of an affluent couple who could not agree on a suitable figure and ended up making the news, their private business laid out for public consumption. This is an excellent example of the value of collaborative law, regardless of income level.

The couple in question had chosen to end their marriage after 23 years. They had made their home in one of the most prestigious neighbourhoods in the country and lived a lifestyle to suit the environment. Their three children all attend an elite private school, and the couple also owns a townhouse in a resort community. The husband has been involved at an ownership level with numerous successful businesses, and the wife is a former lawyer who gave up practising to stay at home with the children. She is seeking interim support payments in keeping with her accustomed lifestyle, and based on his annual income of approximately $1.8 million.

In court, the man argued that he earned a mere $275,000 each year, and that any support payments should be based on that figure. He attributed the previous year’s high earnings to a one-time real estate sale, and that he and his ex-wife were able to live lavishly because of the generosity of his parents, who no longer felt obligated to help out now that the marriage was over. The judge, however, noted the man was still able to drive a new Mercedes and pay $12,000 per month in rent. In the end, he ruled in favour of the woman, deciding that she was entitled to continue living the way she was accustomed, regardless of where the man’s money was coming from.

In any litigated divorce, whether the assets are newsworthy or more modest, there may be a struggle over support payments. Ultimately, a judge will rule based on British Columbia support guidelines, despite any objections from either party. As an alternative, couples may choose instead to negotiate a settlement via collaborative law. Such an approach may allow for a more agreeable solution for both parties, and one that is still enforceable. A family law attorney can help a man or woman initiate and negotiate a support agreement.

Source: Toronto Sun, “Crying poor doesn’t work for Forest Hill lawyer in divorce court“, Michele Mandel, Jan. 19, 2017

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