Canadian law: I am looking for a legal opinion.

[scdbeck]

Just looking for a legal opinion as to what my rights might be. I have been married for 13 years. 10 years ago my husband sustained a head injury while on duty in the military. Since then he has developed severe PTSD as well as chronic pain and other medical issues. I have endured progressive mental abuse including paranoia and being removed from the joint banking we had set up. Approx 8 years ago my husband and I decided his pension would allow me to go part time for my own health issues and also so I could better accomodate his many appointments. Now however he refuses to give me any more than 1/4-1/3 of his pension and requires me to struggle to pick up extra shifts or to look for fulltime work to maintain the household bills. My Dr still feels that shift work would be detrimental to my health but so is the stress of always having not enough money. His opinion is that the pension cheques come in his name so they are his money and I have no claim to it. In addition a large amount of his income is tax free and he states that because of thaty if we separate I would actually have to pay him. Any advice??

If you divorce it is likely that half of the benefits that accrued while you were married will go to you.

The situation sounds odd and not healthy to be honest.

[scdbeck]

So I guess half the debt would be mine too then. He has me right where he wants me. Does being under Canadian law change your advice.

[randalljd]

A court could decide you get more based on the circumstances. He cannot take unfair adavantage of you.