• Blog

Family law: Separated Alberta couple duke it out over debts

If a couple divorces and they have taken care of splitting their assets and their debts, one would think that is the end of the story. Not always, apparently, as one former Alberta couple found out recently. Rules in these cases fall under the family law umbrella in the province. The couple in question was pretty financially successful during the marriage, but the businesses they owned had to be liquidated after they separated, causing a battle on how to split the proceeds.

Apparently, the couple let these important issues slide -- including coming to a decision as to resolve the financial aspect of their split. After six years of being apart, the man racked up more than $115,000 in debt via credit cards and a line of credit, while the woman had less than $1,500 of debt on her credit card. The man suggested his former wife should be responsible for half of his debts, and of course, she didn't agree.

To make a long story short, the judge agreed with the man and ordered his former wife to pay him more than $421,000. That included paying half a what the husband accumulated in debt after the couple separated, but the woman appealed the decision and won.  The appeals court judge ruled that the onus is on the person incurring the debt after a couple separates and pointed out that a couple should be timely about dividing assets and liabilities. 

A client who is divorcing or separating may find it helpful to speak with a lawyer experienced in Alberta family law. A lawyer may be able to guide a client in these kinds of situations. Having legal advice may be wise to avoid costly court battles and appeal court costs in the long run. 

No Comments

Leave a comment
Comment Information

Understand your legal options. Make informed decisions. Contact the family law lawyers of Henderson Heinrichs LLP

1-866-649-7217

Did You Enjoy Working With Our Firm?

Review Us

Vancouver Office
1188 West Georgia Street
Suite 1530
Vancouver, BC V6E 4A2

Toll Free: 866-649-7217
Toll Free: 1-844-669-3500
Phone: 604-669-3500
Fax: 604-689-9733
Vancouver Law Office Map

Edmonton Office
10025 102A Avenue NW
Suite 1812
Edmonton, AB T5J 2Z2

Toll Free: 866-649-7217
Toll Free: 1-844-669-3500
Phone: 780-428-0128
Fax: 780-428-1878
Edmonton Law Office Map