Bud Plug said:
You pay spousal support based on your spouse's lifestyle during marriage, not based on the lifestyle your spouse could have expected had she not married.
Yup. Granted. But we're not asking whether a guy should get married here, we're asking if he should get a divorce. He's already supporting his spouse. It'll be a bit more expensive if they separate, because it'll take two apartments, etc., but the tax credits and income splitting will make up for that. Compared to what he has TODAY, he won't have any less if he separates.
I'm not saying family law is fair. I'm just saying it isn't punitive, and that it can't be used as an excuse to cheat on your wife.
It could be used as an excuse not to get married in the first place. That's not what we're talking about here, though.
Who wants to split their income if, in the result, you go from living in a nice home to barely getting by in an apartment?
This is the part I dispute. You are ALREADY paying your wife's living expenses, right now, as a married couple. Yes, supportting two residences would be more expensive, but I claim that the tax credits make up for that. No, it won't make it like it was if you had never got married--nothing will do that--but it shouldn't be worse than now.
Therefore sure you can call it unfair for lots of reasons, but not in a way that justifies cheating on your wife. Your current standard of living should not decrease.
While there may be no attribution consequences on the splitting of property, it still amounts to giving away your property for nothing to someone else!
Again, the point is you are effectively splitting it NOW, only right NOW the CRA won't let you declare it split on your tax returns. If you give some of your investments to your wife the CRA will attribute the income to you, and tax you for it. After a separation if you give them to your wife the CRA will tax it against HER income, not yours. So overall the two of you pay less tax than the two of you do today.
Again, sure, if you never got married it'd all be yours. The question here is whether family law can be used as an excuse to cheat on your wife--it cannot. Divorce is not any more expensive than the current marriage is. (Ordinarily.)
Even more significantly, divorce has a significant impact on children. Your argument suggests that covert hobbying is unfair to your spouse who has a right to seek out a relationship that includes love (although love is a word that has an infinite number of meanings and degrees, but that would open up a whole other discussion). I suggest that the interests of the children come before the interests of either spouse in pursuing different relationships.
Yup. It has an impact on children and that's worth discussing. I think the right thing here is a conversation with your spouse like this: "Look, i want out of this marriage, but I dont' want to hurt our kids. So I'm effectively going to live my life, and you live your life however you want, but in front of our kids, let's act like a family. I'll move into the second bedroom, but I'll still be around the house and we'll keep up appearances for their sake."
I wholly support putting the interests of your kids before your own, but I still don't see how that is an excuse for deceit.