Can You Be Separated and Still Living Together? CRA Rules, Explained

If you and your spouse have decided to separate, you might assume one of you has to move out right away. But with today’s high housing costs, shared parenting duties, or simply needing more time to sort things out, many couples live in ‘same household separation’ conditions. Discover how the CRA views couples who are separated and living together, and what evidence is required to confirm...

How Long Does Spousal Support Last in Ontario?

Spousal support is often one of the more complicated parts of a separation or divorce. If you’re paying or receiving support in Ontario, you’re probably wondering: how long will this last? Unfortunately, there’s no one-size-fits-all answer. The end date can vary widely depending on your circumstances, what the court decides, and what you and your Ex have agreed to. In this brief...

When Will a Court Deny Spousal Support?

When a relationship breaks down, one of the biggest worries people have is money – including who might owe spousal support to whom. Many people make incorrect assumptions, such as: Spousal support is automatically awarded by courts It’s always the wife who gets spousal support Spousal support usually goes on indefinitely, long after the divorce papers are signed. None of these is true, at...

The Trend of “Giving While Still Living”

Introduction Many older parents in Ontario are choosing to share their wealth with their adult children while still alive, rather than waiting to have the funds distributed as part of their Estate after death.   This way, the parents can financially benefit their children and grandchildren much sooner, and perhaps even experience the effects of their own generosity in “real time”.  Or, the...

Do I Have to Support my Ex-Wife After Our Divorce?

That’s a question we get asked often at our law firm.  Of course, the answer is not straightforward since, under Canadian law, it depends on a multitude of factors. But if you have this same question on your mind, here are some key points that will go into the answer – though getting the advice of an experienced Family lawyer is also highly recommended. (And note that while this blog is...

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...

High Income Earners and Spousal Support

If you are a high-income earner in the process of divorcing your spouse, you might be wondering about how your support obligations to him or her will be calculated. (This presumes that you and your spouse have not already settled this, through a separation agreement or other domestic contract). There are special principles under Canadian law pertaining to the spousal support payable by...

Ending a Common-Law Relationship? Here’s What You Need to Know

Living together without getting married doesn’t make a relationship any less valid, and those relationships experience the same issues and roadblocks that legally married couples do. Those relationships can also come to an end – even after years together. The process for ending a common-law relationship is not exactly the same as going through a divorce, but there are some important things...

First Family Principles and Divorce

All Children Are Not Equal Under First Family Practices Subsequent marriages may often lead to new siblings. Blended Families: The New Norm A previous marriage or relationship leaves a lasting impression on the future, especially when a child may be involved as a product of the former marriage. Beyond parental duties, there are financial obligations like child support that remain until a child...