# Can I collect money owed to me from my ex-partner living in Texas?

- Jurisdiction: Canada
- Practice area: Labor Standards
- Published: 2026-10-24
- Last updated: 2026-10-24
- Canonical: https://lawasked.com/ca/labor-standards/can-i-collect-money-owed-me-my-ex

## Question

I am feeling quite overwhelmed and need some clarity regarding a financial matter following my separation. My ex-husband and I lived together in British Columbia for nearly ten years, but he moved away to Austin, Texas, back in January 2022 to start a new job. Before he left, we had a formal agreement regarding the division of our shared assets, and he owes me a final settlement payment of $15,000 for my share of the family savings. I have sent him three polite emails and even a formal letter through the post, but he has completely ignored my requests for the money. I have already tried talking to a local mediator here in Vancouver, but they told me they couldn't help because he is no longer a resident of Canada. I am worried that because he is now living in a different country, I have no way to legally force him to honour our agreement or get my pay cheque. I am unsure if the rules we used here in Canada still apply to him even though he is now living in a US state. Does the law allow me to pursue this debt across the border?

## Summary

It depends on whether the province where you live has made a specific legal declaration regarding international agreements. If the proper declarations are in place, the Divorce Act may allow you to pursue the debt even though your ex-husband lives in Texas.

## Analysis

Whether you can legally force your ex-husband to pay the $15,000 settlement owed from your shared family savings depends on the application of the Divorce Act. Under this Act, certain rules regarding creditors (the person owed money) and debtors (the person who owes money) can apply across borders. 

Specifically, the law states that "Sections 28.4 to 29.5 apply if either the creditor or the debtor, as the case may be, resides in a State Party and the other resides in a province in respect of which Canada has made a declaration extending the application of the 2007 Convention to that province" [cite:ca-divorce-act-sec28p3]. This means that for the rules to apply to your situation, Texas must be part of a 'State Party' to a specific international convention, and your province must have officially declared that it follows that convention. If these conditions are met, the legal framework used in Canada may still reach your ex-husband in Austin.

However, the provided statutes do not clarify if Texas is currently recognized as a 'State Party' in this specific context, nor do they confirm if your specific province has made the necessary declaration. Because of this, it is not certain if you can use the Divorce Act to enforce your agreement. 

Other laws, such as the Employment Insurance Act [cite:ca-ei-act-sec150] or the Immigration and Refugee Protection Act [cite:ca-irpa-sec145], deal with debts owed to the government (the Crown) and do not apply to private financial settlements between former spouses. Similarly, the Residential Tenancies Act [cite:ca-ontario-rta-2006-sec135] only applies to landlord and tenant disputes in Ontario and is not relevant to your debt. 

State, provincial, or local laws in both Canada and Texas may add further rules regarding how international judgments are enforced.

## Statutory citations

- Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), s. 28.3 - Application [in force] (https://laws-lois.justice.gc.ca/eng/acts/D-3.4/index.html#s-28.3)
  > Sections 28.4 to 29.5 apply if either the creditor or the debtor, as the case may be, resides in a State Party and the other resides in a province in respect of which Canada has made a declaration extending the application of the 2007 Convention to that province.
- Employment Insurance Act, S.C. 1996, c. 23, s. 150 - Debts due Her Majesty [in force] (https://laws-lois.justice.gc.ca/eng/acts/E-5.6/index.html#s-150)
  > All benefit repayments, interest, penalties and other amounts payable by a claimant under this Part... are debts due to Her Majesty and recoverable in the Federal Court

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