I have been separated from my husband for 4 years and he recently inherited some money from his mothers estate. He has

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Customer: I have been separated from my husband for 4 years and he recently inherited some money from his mothers estate. He has now asked for a divorce and I have asked him for $50,000 as a settlement. Is this something I can enforce?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No. I tried when we first separated and he said that if I went the legal route for spousal support he would leave the country and I would never be able to find him.
JA: Family law varies by state. What state are you in?
Customer: British Columbia
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He voluntarily paid spousal support of $500 for a few years but that stopped last year.
Answered by JosephE322 in 6 mins 12 months ago
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JosephE322
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JosephE322, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so I can clarify.

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JosephE322, Expert

Good morning  – sorry to hear of the situation. To clarify, are you asking about whether $50,000 is a fair amount, inheritance and/or about spousal support?

Customer
Is it a fair amount to ask as a divorce settlement
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JosephE322, Expert

This is a more complicated question. At separation, each party would be entitled to ½ of the marital assets less than property brought into the marriage and any inheritances. For example: if he was worth $200,000 at separation and you were worth $50,000, then he would owe you $75,000 to equalize it so that you both end up at $125,000 each.

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JosephE322, Expert

As such, you each would make a list of your assets and liabilities as of the date of separation to ascertain this number.

Does that make sense?

Customer
There was no property. I was in a low income job. At the time a lawyer said I was entitled to $1200 per month spousal support but he became angry and I settled privately with him for $500 per month. That stopped last year as he said he couldn't afford it anymore. Now he wants a divorce but I think he should give me a settlement amount
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JosephE322, Expert

If there was no property to split, then there would be no payment other than spousal support. That can be paid monthly or a lump sum if the parties prefer.

Customer
okay. thanks for your help. I will discuss it with him further
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JosephE322, Expert

Also, you should have any agreement reviewed by a lawyer to ensure it is fair and reasonable to you. Here is the number for the BC lawyer referral service to help you find a lawyer: 1-***-***-****

Customer
Thank you
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JosephE322, Expert

Glad I was able to assist you today. Thank you for using JustAnswer. I wish you the best of luck.  If you would like to request me in the future, simply type my name in the subject line and write “This is only for Joey” I will address your question right away. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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