QLD Canadian wife left and went to Canada to file spousal support

[RedFerarri25]

Hi all, looking to hear from anyone who has been through similar divorce.

I have been married to a Canadian for 30 years, we seperated 7 moths ago. Adult kids. She left 2 weeks after we seperated and headed to Canada where we have a rental property and my retirement fund was. We have lived in Canada and Australia both, but moved back to Australia 2 years ago. She filed for spousal support in Canada, my income here is about double what she was making. My questions:
1. Does it matter where I file for divorce?
2. Does Canada have a right to make orders relating to my Australian income? Should that not be an Australian court, since it has been a Canadian court that has dealt with our Canadian assets? Anyone had success defending against that?
3. Since it is likely that I will be paying sousal maintenance, what is the best way to legally get that amount to be the smallest possible?
4. Has anyone managed to legally shelter income from international orders?
5. Anyone have a good Alberta family lawyer who understands international complexities?

Thanks!

 

[shallice]

The jurisdiction where you file will determine the applicable divorce laws, division of assets, and potential spousal support. If you file in Australia, Australian courts will generally apply Australian family law, but Canadian courts may still have jurisdiction over assets and income in Canada. Since your wife has already initiated spousal support proceedings in Canada, Canadian courts have some jurisdiction over financial matters, even if you file for divorce in Australia.

Canadian courts can consider your worldwide income, including Australian earnings, when assessing spousal support. Canada and Australia both recognize and enforce each other's family law orders, meaning an Australian court would likely honor a Canadian spousal support order.

If spousal support is inevitable, strategies to reduce it legally include demonstrating financial need on your side (e.g., high cost of living, debts, retirement planning), arguing for a limited duration of spousal support rather than an indefinite order, showing her financial independence if she has access to her own resources and highlighting her earning capacity, if she is employable, this can reduce long-term support obligations.

Lastly, be very careful about sheltering income from international orders as courts dislike attempts to hide or reduce income for support purposes.