“I highly recommend Violeta for anyone dealing with family law matters. From the very beginning, they were professional, compassionate, and incredibly knowledgeable. She took the time to explain every step of the process clearly and made sure I understood my options.”
⭐️ ⭐️ ⭐️ ⭐️ ⭐️
– Brad C.
When a separation involves a business, a professional corporation, an investment portfolio or significant compensation, the stakes are higher and the questions are harder.
What is my company worth? Is the growth in my business shared? Does my family trust count? How is support calculated when my income flows through a corporation? What happens to my stock options?
Alberta law gives clear starting points, but in higher-asset separations the details decide the outcome: how assets are valued, what can be proven exempt, how income is measured, and how a settlement is structured for tax.
Getting those details wrong can cost far more than the legal fees involved in getting them right.
Our Calgary family lawyers help business owners, professionals and executives understand their position, organize the evidence, and work toward a resolution that is fair, practical, and as private as possible.
The overview below is general information. Higher-asset matters are highly fact-specific, so please speak with a lawyer about your own situation.
Under Alberta’s Family Property Act, property acquired during the marriage or adult interdependent relationship is generally divided equally, unless an equal division would be unjust in the circumstances. Debts are part of the picture too. The larger and more complex the estate, the more important it becomes to identify precisely what is family property, what it is worth, and when.
If you own all or part of a business, the key questions often include:
A fair result usually does not mean selling or splitting the company. Settlements can often be structured with other assets, an equalizing payment, or payments over time, so the business can continue to operate.
Read more about dividing a business or corporation in an Alberta divorce →
Property you owned before the relationship, inheritances, and gifts from third parties can be exempt, generally to the extent of their value when the relationship began or when you received them. The person claiming an exemption has to prove it. Where exempt money has been mixed into joint accounts, reinvested, or used to pay down the family home, tracing it can be difficult. Old statements, appraisals, share registers and corporate records are valuable, so start gathering them early.
Try our Alberta Family Property Worksheet →
Holding companies, family trusts, rental portfolios, private investments and cryptocurrency all raise their own valuation and ownership questions. Whether a trust interest is family property, for example, depends on the terms of the trust and the facts. We help you understand how each structure is likely to be treated before positions are taken.
For many Calgary executives, especially in the energy sector, a large part of compensation comes as stock options, restricted or performance share units, deferred compensation and bonuses. These can be treated as property, as income for support purposes, or both, and vesting schedules matter. It is important to avoid counting the same value twice.
Child support. Where the paying parent’s income is over $150,000, the Child Support Guidelines table amount usually still applies, but the court has some discretion for the portion above $150,000. Special and extraordinary expenses are shared in proportion to income.
Income through a corporation. Where a parent controls a corporation, the court can look past the personal tax return and, in appropriate cases, attribute some or all of the corporation’s pre-tax income to that parent. Unusual deductions, income paid to family members, and retained earnings are commonly examined.
Spousal support. The Spousal Support Advisory Guidelines ranges are commonly applied up to a payor income of $350,000. Above that level, the amount is more discretionary and depends heavily on the evidence.
Two settlements that look equal on paper can be very different after tax. Certain transfers between spouses on separation, such as RRSP transfers and some property transfers, can be made on a tax-deferred basis, while other assets carry built-in capital gains or tax on withdrawal. We work alongside your accountant so that tax is considered before an agreement is signed, not after.
For married spouses, Alberta’s Dower Act can prevent the owner of the family homestead from selling or mortgaging it without the other spouse’s consent, even if the home is in one name only. Courts can also make orders about who lives in the home in the short term. Get advice before making decisions about the home.
Both parties must provide full and honest financial disclosure, which in higher-asset matters can include corporate financial statements, tax returns, trust documents and valuations. Where there is a real risk that property could be sold, transferred or hidden, the court can make orders to preserve it while the case is resolved.
Court files are generally public. Many higher-asset matters are resolved through negotiation, mediation or private arbitration, which can keep sensitive business and financial information out of the public record. Every consultation with our firm is confidential.
If you are entering a marriage or relationship, or want to protect a business you are building, a well-drafted agreement can set out how property will be treated if the relationship ends. For an agreement under the Family Property Act to be binding, each person generally must receive independent legal advice and acknowledge it in the required way.
Learn more about prenuptial and postnuptial agreements for business owners →
For married spouses, a property claim generally must be started within two years after a divorce judgment is granted. For adult interdependent partners, it generally must be started within two years after the partner knew, or should have known, that the relationship had ended.
We regularly act for business owners, professionals and executives. We take the time to understand your business and your finances, identify what is family property and what may be exempt, and coordinate with your accountant and independent valuators where needed. We will explain the realistic range of outcomes and the costs involved, and help you reach a resolution that protects both your finances and your family.
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Not necessarily. The increase in value of a business during the relationship is generally shared, and a business started during the relationship may be divisible. But that usually means sharing value, not ownership. Settlements are often structured through other assets, an equalizing payment, or payments over time so the business can keep operating.
Generally, its value on the date the relationship began may be exempt, but growth during the relationship is usually shared. You will need evidence of the starting value, and a business valuation is often required.
The court can look beyond your personal tax return. Where you control a corporation, it may attribute some or all of the corporation’s pre-tax income to you for support purposes, depending on the circumstances and the needs of the business.
There is no hard cap. For child support, the table amount usually applies above $150,000, with some discretion for the excess. For spousal support, the Advisory Guidelines ranges are commonly used up to a payor income of $350,000, and the amount becomes more discretionary above that.
Court files are generally public, but many higher-asset matters are resolved through negotiation, mediation or private arbitration, which can keep sensitive information out of the court record.
They can be. Depending on when they were granted, their vesting terms and their purpose, they may be treated as property, as income for support, or both. Care is needed to avoid counting the same value twice.
When there is more at stake, clear information and careful planning matter even more.
Call 587-329-0999 or fill out the form below to book a confidential consultation with our Calgary family law team.
I highly recommend Violeta for anyone dealing with family law matters. From the very beginning, they were professional, compassionate, and incredibly knowledgeable. She took the time to explain every step of the process clearly and made sure I understood my options.
⭐️ ⭐️ ⭐️ ⭐️ ⭐️
– Brad C.
