“Exclusive Possession” of Your Matrimonial Home: What Does it Mean?
Many of you might know that under the Ontario Family Law Act (FLA), your matrimonial home has special status once you decide to separate from and divorce your spouse. At that point, your matrimonial home (defined as every property that “was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence”) is subject to special rules governing how it...
Marriage Versus Common-Law in Ontario – What’s the Difference?
According to the latest reports by Statistics Canada, marriage rates have been on the decline in the past few years, while common-law relationships have been on the rise. This ebb and flow in the popularity of each is due to many factors, of course. But at least some of them relate to the differences between each type of relationship union. MARRIAGE Beginning Requires obtaining a marriage...
What Are the Grounds for Divorce in Ontario?
We get this question at our Firm all the time: What are the grounds for getting a divorce from my spouse? What do I have to prove, to be eligible? Is there a waiting period? These are all simple questions, and they do have simple answers – but that still doesn’t mean that establishing you are eligible for a divorce is necessarily easy. Grounds for Divorce under the Divorce Act Under...
Can I Use My Spouse’s Social Media as Evidence in Our Divorce?
Whether it’s on Facebook, Instagram, Twitter (now rebranded as “X”), or any other popular platform, most Canadians use social media to interact with others. Usually it’s to share glimpses of their lives through images and short text updates. If you’re going through a divorce and want “dirt” on your spouse, it might have occurred to you that social media could be a great source of evidence for...
Legal Separation: What to Consider When Living Separate and Apart in the Same Residence
In these tough economic times, many married couples may want to separate – but find they simply can’t afford to. That’s because they may not have the financial means to set up two separate homes, and officially start down the road toward getting a formal divorce from each other. A question we often get asked at our firm is whether, under Canadian law, it’s possible to be legally separated but...
Imputing Income – Determining the Proper Quantum of Child and Spousal Support
If you are separating or divorcing from your spouse, you’ll know that a key step in the process is to determine how much annual income each of you earns. Accurately setting those income amounts is important, because it factors into the legal determination of how much spousal or child support must be paid, and by whom. In a perfect world, each of you would both be forthright and honest about...
How Does Adultery Affect Divorce Under Canadian Law?
Has your spouse been unfaithful? Are you considering a divorce? If so, you might be wondering how your spouse’s adultery affects your own legal rights. Here are some of the key points you should know. Adultery is one of the grounds for getting a divorce in Canada. Under the federal Divorce Act, you are only eligible to divorce if you can show there has been a “breakdown of the marriage”. That...
How Long Does Child Support Last? – Frequently Asked Questions
One of the most common legal inquiries we get from the clients of our firm is “how long do I have to pay support for my child?” Here are some of the frequently-asked questions on this topic: Q: How long does child support last? A: Usually, until the age of 18. In Ontario, you typically must pay support for your child from the time he or she is born, until the provincial age of majority and has...
Are Parents Required to Support Their Adult Children?
Most Ontario parents are already aware that they have a legal obligation to financially support their children until the age of 18 (which is the age of majority in the province). This applies whether the parents are married, never-married, living together common-law, divorced, or separated. But what many parents may not know, is that in some circumstances the obligation to support their child...