10 Family Law Myths That Could Hurt Your Divorce Case

10 family law myths that could hurt you. If you’re going through a separation or divorce, you’re likely relying on what friends, relatives, or the Internet is telling you about “how it works.”

The problem is, much of this information is wrong – or at least only half right. Believing in myths and misinformation can seriously damage your divorce case. This can lead to wasted time, unnecessary stress, and even jeopardizing your legal position, and causing you financial loss.

Below, we’ll debunk the 10 most common family law myths in Canadian family law.

Here are the 10 family law myths:

Myth 1: “Mothers always get custody.”

This is a common misperception, but in Canada it just does not hold true.

Courts don’t favour one parent based on gender. Decisions about parenting time and decision-making responsibility are based on the child’s best interests, not stereotypes.

Myth 2: “If my spouse cheated, I’ll get more in the divorce.”

In Canada, divorce is “no-fault.” This means that your Ex’s misconduct – including adultery or family violence – usually has no impact on property division or financial matters such as support. The focus is on fairness, not punishment.  (With that said, family violence can impact the court’s decision-making on child-related issues, in some circumstances).

Myth 3: “Common-law partners have the same rights as married spouses.”

Not true. While common-law partners may claim spousal support in some circumstances, they don’t automatically share property or assets the way married couples do under Ontario’s Family Law Act.

Myth 4: “If I put property in my name only, my spouse can’t claim it.”

Ownership on paper doesn’t necessarily shield assets. Courts look at family property laws, contributions, and equitable claims.

In particular, your matrimonial home is subject to specific treatment when it comes time to separate or divorce from your Ex.  Possession of the home, and the right to share in any increased value, is all determined by legislation, and not necessarily by whose name is on title.

Myth 5: “I can keep my inheritance separate no matter what.”

If you have received an inheritance, it can stay excluded from normal division, but only in some circumstance – i.e. where you keep it separate from family assets. If it’s mixed into a joint account or used for family expenses, it may lose its special status.

Myth 6: “Children can choose which parent to live with.”

Children’s wishes are certainly considered – especially as they get older.  But the court always makes the final decision based on their overall best interests.

Myth 7: “I don’t have to pay child support if I don’t see my kids.”

Parenting time, decision-making responsibility, and child support are all separate issues. Support is the right of the child, and it must be paid regardless of visitation disputes.

Myth 8: “Spousal support is automatic.”

Not every former spouse is entitled to support.  Regardless of which side of the support equation you are on (i.e. support payor, or recipient), the court will look at each party’s respective need, the payor’s ability to pay, and whether your marriage created economic disadvantage for one of you.

Myth 9: “Everything will be split 50/50.”

No.  Property equalization usually aims for fairness in principle, but there are always exceptions. For example, the property each of you owned before your marriage, as well as any inheritances and certain business assets, may be treated differently.

Myth 10: “I don’t need a lawyer—I can just Google or use ChatGPT for advice.”

This approach is downright imprudent.  Family law is complex and highly fact-specific. Online information is often outdated or – worse – misleading. Getting proper legal advice can save you from costly mistakes.

Why Misinformation Can Hurt Your Case – Some Examples

Believing in myths, and being misled by misunderstandings, can be legally dangerous.  It cause you to act in ways that undermine your own case.

For example, assuming (incorrectly) that you can withhold child support because you’re not seeing your kids can result in enforcement actions. This can even include suspension of your driver’s licence, and/or confiscation of your passport. Relying on the advice of well-meaning friends can push you into court battles with your Ex that could have been resolved more easily through negotiation.

Empower Yourself with Facts

The best way to protect yourself is simply to stay informed:

• Rely on credible sources. Look at government websites, CanLII case law, and especially your  your lawyer, who will give you tailored advice.
• Ask questions. Never assume, because every family situation is unique.
• Understand that law changes over time. What was true five years ago may not apply today.

By separating fact from fiction, you’ll make better decisions, protect your rights, and – most importantly – focus on solutions that truly serve your family’s future.

Needless to say, a good start is to contact an experienced Family Lawyer. Feel free to give our offices a Call or request a Free Consultation.