Cuba Gooding Jr: Post-Separation Increases

In 2014, Cuba Gooding Jr's former partner, Sara Gooding, filed court documents which indicated the couple had separated, but did not deal with the issue of divorce. As reported by TMZ, Cuba Gooding Jr. is finished with being separated, and wants to proceed with finalizing the divorce. In addition to making a claim for joint custody of the parties' 10 year old child, Cuba is willing to pay spousal support. However, now that he's proceeding with the divorce, Cuba also wants to deal with the division of assets, and he's claiming that all of his earnings from the date of separation should remain his, including those from the recent hit The People v. O.J. Simpson: American Crime Story. Post-separation increases in income and post-separation increase in the value of assets are two separate issues in family law in Ontario.

Child support is generally determined in accordance with the payor's annual income. As child support is the right of the child, post-separation increases in income will result in increased child support obligations. With regards to spousal support, the issue of post-separation increase in income is more complex. In Ontario, the case law indicates that the primary factor for consideration is whether the spousal support is compensatory, which is to compensate for sacrifices the recipient made during the marriage for the benefit of the family, or non-compensatory, which is needs based. Generally, compensatory based spousal support is required in order for one spouse to share in the post-separation increase in income of the other. Whether or not Cuba feels he is entitled to retain all of his earnings, the increase in his income will increase his child support obligation, and possible his spousal support. However, it appears that Cuba is willing to pay significant spousal support, and as such, this issue may not be very contentious between the parties.

With regards to the division of Cuba's assets, in Ontario, the equalization of net family properties is calculated at the "valuation date" which is the date of separation. If the couple really did separate in 2014, Cuba's net family property, which is the sum of his assets minus his debts and minus his assets owned at the date of marriage, would be calculated at that date. However, it should be noted that there are different rules which apply to matrimonial homes, and you should refer to these rules when determining the division of net family properties.

Categories:

Take The First Step

Fill out the form below to begin your free consultation with
one of our experienced lawyers or call us at (905) 581-7222.

    • Please enter your first name.
    • Please enter your middle name.
    • Please enter your last name.
    • This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please make a selection.
    • Please make a selection.
    • Please make a selection.
Put Us On Your Side