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Seeking Legal Advice on Fair Asset Division and Alimony in Divorce (Canada/Quebec)
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CheatedOnceShameOnMe is in Quebec, Canada
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Hi everyone,

I’m currently separated from my spouse, and we’re in the middle of negotiating asset division. For context, there was adultery, but I’ve decided to go with a joint filing for divorce because it’s faster and cheaper overall. Since we’ve been in separate rooms for over three years, I believe this meets the one-year separation requirement in Canada/Quebec, where adultery doesn’t impact divorce terms.

Background:

  • Marriage duration: 11 years, no children.
  • Me: 39M, engineer with a fairly good salary.
  • STBEX: 38F, previously a university professor in the US until 2017, then moved to Montreal for a PhD, which she left in 2020 due to burnout. Since then, she hasn’t worked, though her mental health is currently stable and she holds multiple degrees.

Assets & Finances:

  • Two rental properties: Both have mortgages.
  • Property 1: I covered the down payment, mortgage, taxes, repairs, and insurance. I also collect the rent.
  • Property 2: We split the down payment 50/50. She pays the mortgage, and I cover taxes, repairs, and insurance. She collects the rent.
  • Accounts: We have separate accounts (though I’ve been funding her expenses for years).
  • Cars: We each have one car, but I paid for hers.

My Proposed Solution:

While the law generally prescribes a 50/50 split, this doesn’t seem fair to me since I’ve covered most of the expenses. My proposal is:

Real estate: She would relinquish any claims to the properties, and we each keep our individual accounts.

Vehicles: She keeps her car.

Alimony: I would pay her substantial alimony for 5-6 years (non-renewable).

This proposal feels fair and beneficial, especially since she plans to leave the country next year.

Questions:

  1. Is this proposal likely to be accepted by a judge under current Canadian/Quebec law?
  2. Any pitfall to be aware of?
  3. If not, what alternatives might work to optimize both sides, with a focus on my interests?

Thanks in advance for your insights!

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1 week ago