Division of property upon divorce

[tenplay]

What is the name of your state (only U.S. law)? WA

I am a US citizen and married a woman from Canada in 2001. We have been living basically on my earnings (90%) while her savings and retirement pay have been collecting untouched in Canada from the beginning of our marriage. She has a green card so that she can work in the US. We have two adult children each. I own a house that is being leased out. She is thinking of returning to Canada with or without me because she hates living in the US and misses her relatives and friends. I would prefer to live in the US because of my family and friends.

If we get a divorce when she returns to Canada, how will our assets be divided? We both had substantial personal savings before we got married. Would she get half of my increased assets since we got married? Would I get half of her Canadian assets since we got married?

Also my elderly mother may not live much longer. She owns two expensive homes free and clear. I will probably inherit a third of her assets (two sisters) equal to about $500k. Would it be to my wife's advantage to wait until after my mother dies to get a divorce? Should that be a concern of mine? Thanks for any advice. Michael

 

[Ohiogal]

What is the name of your state (only U.S. law)? WA

I am a US citizen and married a woman from Canada in 2001. We have been living basically on my earnings (90%) while her savings and retirement pay have been collecting untouched in Canada from the beginning of our marriage. She has a green card so that she can work in the US. We have two adult children each. I own a house that is being leased out. She is thinking of returning to Canada with or without me because she hates living in the US and misses her relatives and friends. I would prefer to live in the US because of my family and friends.

If we get a divorce when she returns to Canada, how will our assets be divided? We both had substantial personal savings before we got married. Would she get half of my increased assets since we got married? Would I get half of her Canadian assets since we got married?

Also my elderly mother may not live much longer. She owns two expensive homes free and clear. I will probably inherit a third of her assets (two sisters) equal to about $500k. Would it be to my wife's advantage to wait until after my mother dies to get a divorce? Should that be a concern of mine? Thanks for any advice. Michael

If her savings and retirement in Canada has not been touched since she moved down here then you are entitled to none of it as it is her separate property. You will each be entitled to half of the marital assets and half of the marital debt. Your savings, if you have been adding to it throughout the marriage with your income, is partially marital property and the marital portion will be split.

 

[Perky]

What is the name of your state (only U.S. law)? WA
Also my elderly mother may not live much longer. She owns two expensive homes free and clear. I will probably inherit a third of her assets (two sisters) equal to about $500k. Would it be to my wife's advantage to wait until after my mother dies to get a divorce? Should that be a concern of mine? Thanks for any advice. Michael

Your inheritance is separate property as long as you keep it separate. She would have no claim to it whether she waited or not as long as the inheritance is not commingled.

If your wife moves, check the residency requirements for filing for divorce in her province. You may not want to wait to file depending on those requirements.

 

[Ohiogal]

Your inheritance is separate property as long as you keep it separate. She would have no claim to it whether she waited or not as long as the inheritance is not commingled.

If your wife moves, check the residency requirements for filing for divorce in her province. You may not want to wait to file depending on those requirements.

Canada would NOT have jurisdiction over him or his property in the US if he has never lived there.

 

[LdiJ]

Canada would NOT have jurisdiction over him or his property in the US if he has never lived there.

I agree, and the US wouldn't have jurisdiction of her Canadian property. However as you stated it sounds like her Canadian property is all premarital/separate property anyway, so that's kind of moot.