Following a 5-day Trial where Lareina J. Chan represented the Husband, HHJ T. Kwan handed down a Judgment on 19 April 2024 on inter alia “pension splitting” of the Husband’s United States 401(k) pension including considering a Qualified Domestic Relations Order (QDRO), land and property in the Philippines, land in the US held through an LLC of which the Husband held a minority interest (which was argued to be inherited / pre-marital), another plot of land purchased using monies from the Husband’s inheritance, and other pre-marital and non-matrimonial assets. Two Single Joint Experts were called and cross-examined in relation to the Philippines property and the 2 US plots of land.
Through Lareina’s cross-examination of the Wife, the Wife admitted she:
· Was dishonest in submitting receipts that were either duplicated or merely handwritten by her brother; and
· Claimed she and the parties’ son alone consumed 50kg of raw rice each month, but later admitted her claimed expenses included consumption by other people unrelated to the proceedings.
Although the parties used to live in Hong Kong and the Wife claims she may move to the US in the future, regarding the relevant standard of living to determine needs, the Learned Judge decided that the assessment of the Wife and son’s needs must be based on where they live now, in the Philippines.
The full Judgment is available here.
