Posted on September 5, 2020 · Posted in Blog

Will your divorce end with a fair resolution for both parties? Read on.

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In the past 11 years we’ve seen many different scenarios as to how divorcing couples found a fair way to end their relationships. By putting their emotions aside, educating themselves on divorce law and looking at the long-term picture, we were able to guide them through the difficult end of a once beautiful relationship. We tell our clients that we’re a pro-family business helping families separate in the most amicable and equitable manner possible.

Kelowna Divorce Mediation Services has been around since 2009 and we’ve helped over 600 families go through this rough journey. Here are a few examples of what a fair divorce looks like.

Dwight and Denise

The Marriage: Dwight and Denise were married for eight years and never had children. The couple earned the same annual salary and started the marriage already in their careers.

The Fair Resolution: They split their assets 50/50 and there was no spousal support.

They were in the same position financially at the end of their marriage that they were before the marriage. They hadn’t given up their career or lost the ability to earn incoming. Without dragging the process on and maintaining a check on their emotions, it made sense that assets be split 50/50 and both spouses move on and rebuild their lives.

Henry and Mindy

The Marriage: Henry and Mindy were married for 12 years and did not start a famijly. Theirs was a medium-term marriage where spousal support and an unequal division of marital property may be considered.

The Fair Resolution: The marital assets were split 60/40 in Mindy’s favour, and their was no spousal support.

Since Henry made more than Mindy and had a greater earning potential in coming years, the court awarded Mindy more of the marital assets to compensate for the loss of benefits Mindy enjoyed during the marriage.

Brian and Madeline

The Marriage: Brian and Madeline were married for 19 years and they didn’t have children. Madeline earned more than Brian and both of them had good paying salaries in well-established careers.

The Fair Resolution: Their marital assets were split equally and Madeline was ordered to pay Brian spousal support for a term of five years since their long-term marriage established a lifestyle that both Brian and Madeline had become accustomed to. However, Brian’s standard of living will decrease in the future due to the fact that he makes less than Madeline.

Johnny and Abigail

The Marriage: Johnny and Abigail were married for 21 years and had two children who are now in their teens. Abigail was a stay at home mom for eighteen of those years and Johnny was an executive CEO earning a six-figure salary.

The Fair Resolution: Abigail was awarded the marital home and all equity in the home. All assets in the home were deducted from the rest of the marital assets and they split the remainder 50-50.

Abigail was awarded spousal support for ten years as well as half of Johnny’s retirement benefits. Since she retained custody of the children she was awarded child support according to the child support guidelines (which are not negotiaable.)

Johnny had no interest in the marital home and Abigail wanted to remain in the home that her children had grown up in until they graduated from high school. Johnny was more interested in the liquid assets and they both agreed that Johnny would continue to pay into their children’s college savings funds.

Jimmy and Chrystie

The Marriage: Jimmy and Chrystie were married for 9 years and they had a small child. Chrystie was the Municipal City Manager and she earned a substantial salary. During her career, Chrystie had made several geographic moves as she built her career and it was necessary for Jimmy to quit his job and become a stay at home dad.

The Fair Resolution: Jimmy and Chrystie shared joint custody with primary custody going to Jimmy. Jimmy was got the marital home and all equity in the home. He was also awarded spousal support for a period of five years and child support.

Chrystie wanted keep the kids 50 percent of the time and not pay child support. However it was proven that Chrystie had little interest in her children and she would not be able to care for them due to her work/travel schedule.

The rest of the  assets were split 60-40 in Jimmy’s favor because the judge felt that Jimmy, being the stay at home dad and main caretaker of their children should continue to live the standard of living he and his children had become accustomed to.

Jimmy will continue in his role as a father and try to build his own career. Until then Chrystie is responsible for taking care of the people she left behind.

Divorce the Fair Way: An equitable divorce can be much different than a fair divorce. When negotiating a divorce plan there are many factors that should be considered. Start with an experienced divorce mediator and, if need be, get legal opinions as you move through the process.

FancyLine

On the Doorstep of Divorce?
Give us a call at 250.707.0928, or request a consultation.

divorce mediation kelownaAbout Kelowna Divorce Mediation Services

We are not expensive lawyers; we are family divorce mediators.  Our boutique divorce mediation firm has become Kelowna’s first choice when dealing with separation and divorce, and beyond. It is possible to reduce stress, time and conflict. Our mediation model educates and empowers our clients, so that when you leave you have a document that will stand the test of time.