Getting a divorce? Worried about what’s next?
The divorce attorneys at Merchant Law have helped hundreds of High River residents navigate the divorce process. We can help you negotiate an advantageous divorce settlement or fight your case in court.
We’ve handled challenging high net worth divorces, entrepreneur divorces, farm, and ranch divorces. Our creative settlement solutions can ensure that you minimize the financial consequences of the dissolution of marriage.
Can you prevent someone from taking half your property after divorce?
There is no legal way to avoid the division of assets during a divorce. Each spouse has the legal right to 50% of the marital assets.
Sometimes disputes about the division of property do circle around properly defining marital and nonmarital property. At other times, disputes arise over the fact that it’s almost impossible to simply divide property down the middle.
Instead, you have a collection of assets, each worth a certain amount, and simply giving them out might not lead to 50/50 parity. Thus there are a whole host of legal processes that can be used to divide the property evenly.
For example if you want to keep a business then you might use an equalization payment to get to do that, or agree to pay more spousal support so you can keep the income-bearing asset. You might make a legal agreement to pay out proceeds from a retirement fund after a certain period of years. In some cases, it may be necessary to sell an asset and split the proceeds down the middle.
While you can’t avoid this process you can work with your attorneys to do it in a way that helps you to protect yourself financially. In addition, if you came into the marriage with a lot of property we can help you correctly designate that property as non-marital property so that your spouse can’t touch it.
How does spousal support work in Alberta?
Spousal support is a complex subject. Not every divorce will include spousal support, but there are instances where it is appropriate.
Until the matter goes to court, spousal support is fully negotiable. Certain computer programs do give us an idea of what courts are likely to award if the matter proceeds to trial.
The amount and length of support is typically based on the length of the marriage, the role each partner played in the marriage, the differences in income between the two partners, and more. Your attorney can give you an idea of what will be appropriate in your case.
How do child support, child custody, and visitation work in Alberta?
If you have minor children then child support will have to be included in your divorce settlement. The child support arrangement must comply with the federal child support guidelines.
You should also be aware that most judges favor custody and visitation arrangements that give children roughly equal time with each parent. The only exceptions are when exposure to one of the parents is proven to be a danger to the child. Thus, in most cases you should be looking to structure divorce settlement with the idea of co-parenting your children.
Why Merchant Law?
Decades of experience give the divorce lawyers an edge when it’s time to negotiate your case. If you’re looking for sophisticated solutions for a life that’s anything but simple, then the team at Merchant Law can help. We’ve managed some of Alberta’s toughest divorces, including high net worth divorces, farm divorces, ranch divorces, and entrepreneur divorces.
Contact us at (403) 237-7777 to schedule an appointment today.