How Does Spousal Support Work and Is it Always Necessary?

Spousal support, also known as alimony to some, can be awarded by a family law judge during divorce cases. Through spousal support (alimony), the law attempts to ensure that both separating spouses continue to live comfortably after their marriage or relationship ends. Courts will assess the lifestyles and financial position of each spouse pre-divorce to determine what the court believes to be an appropriate payment for the other partner, either as a lump sum or, more often, with regular payments over a certain period of time. Depending on the unique circumstances of each party, spousal support or alimony may be required for short-term or long-term periods, whatever the judge believes is necessary to help an individual maintain a certain quality of life while readjusting financially following the dissolution of the marriage or relationship.

In recent years, with more women in the workforce, spousal support or alimony has become less common than it used to be. However, spousal support (alimony) negotiations still play a significant role in divorce law. Spousal support (alimony) is not awarded in every divorce case and will only be ordered if a judge deems it necessary. If both spouses have more or less equal earning potential following the division of assets, compensation from one spouse to the other may not even be an issue.

How Should Spouses Negotiate Spousal Support or Alimony Arrangements?

When negotiating for a fair spousal support or alimony settlement during divorce proceedings, you must negotiate fairly. A family law judge can deem negotiations unfair if it is proven that undue pressure or coercion was applied to make the other spouse sign an agreement. You must enter negotiations with a willingness to communicate and an ability to be fair and just.

While you should make a list of your needs, such as your need to receive spousal support/ alimony or the need to stay in the matrimonial home, it is also important that you remain realistic. You’re not going to get everything you want.

You must try to stay in control of your emotions during the negotiation process. In some divorce cases, this may be near impossible for certain spouses. For that reason, among so many others, you should retain the representation of a lawyer experienced in family law cases to speak for you during these times.

Both spouses should be prepared to share an accurate and complete assessment of their income, debts, and personal assets when negotiating spousal support or alimony. Intentionally leaving out any vital information from your financial statement can damage credibility with the Court and result in problems later in your case.

One method that can possibly speed up the alimony negotiation process is making an offer to settle. A written offer to settle is a formal proposal listing the compromise on certain issues that a party is prepared to make to resolve open issues in your divorce proceedings. Such offers can be made at any time.

What Are Tips and Strategies for Successful Spousal Support or Alimony Negotiations?

Do not be afraid to take the first step to settle your family law matters with your soon-to-be ex-spouse. Many spouses fear taking that first step, believing that it could be perceived as a sign of weakness. But actually, we believe it to be a sign of strength. You are far more likely to move on with your life sooner if you are willing to take that first step instead of waiting for the other spouse to take it for you or you both ignoring it completely for a time.

• Don’t get too personal: It can be tricky, even impossible for some of us, but try not to get too personal with your spouse during divorce proceedings. Making mean, derogatory, and curse-laden remarks to each other can dramatically hinder alimony negotiation efforts. If you must vent your frustrations, do so out of earshot of your spouse, the judge, and any children you may have.
• Always be willing to negotiate: Refusal to negotiate or communicate, even if just through counsel, can result in a longer and more difficult case, potentially leading to litigation or a courtroom trial.
• Be willing to adjust your lifestyle: If you make more than your soon-to-be ex-spouse, you may be asked to provide spousal support (alimony). To prepare for the cost, it is wise to consider adjusting your lifestyle to reduce monthly expenses, such as living more modestly.
• Remain honest at all times: Failure to disclose vital information that has been requested or ordered by the courts could be considered concealing assets and be met with harsh penalties.
• Be open to mediation: Mediation can be a helpful negotiation alternative. During mediation, a neutral third party, known as the mediator, helps the two divorcing spouses reach common ground through useful discussions.

Try to consider the long-term implications of your support case and the divorce proceedings at large. Many spousal support agreements are not long-lasting or indefinite. Attempt to negotiate for a final agreement that provides short-term protection and consider extended spousal support in the case of a lengthy relationship or marriage.

When is it Not Suitable to Engage in Negotiations?

Negotiating a fair divorce settlement and support arrangement with your ex is not always recommended.

Negotiation may not be suitable in some circumstances, including but not limited to:

• When there is cause to believe that one parent may engage in parental kidnapping and take your child out of the country;
• When there is a history of domestic violence or abuse;
• Where there is the belief that one spouse is trying to hide critical information, including financial assets and disclosure. 

Can Spousal Support/ Alimony Be Modified or Terminated at a Later Date?

Spousal support or alimony arrangements can be modified or terminated based on several potential conditions. Modifying an agreement or an order for spousal support (alimony) usually requires an unexpected and significant incident or set of circumstances that significantly influence one or both parties’ livelihoods. Examples include substantial changes of circumstances for either spouse, including disease, catastrophic injury, job loss, or a significant pay raise.

If you are considering seeking a change to a spousal support or alimony arrangement, we recommend you retain professional legal counsel from experienced family law lawyers. Contact our law firm for legal assistance.

Contact Us for a Free Consultation with Our Compassionate Legal Team Today

Legal guidance can make all the difference between successful and failed spousal support (alimony) negotiations. We encourage all spouses going through divorce to consider retaining the legal representation of an experienced and knowledgeable family law lawyer. Our legal team has extensive experience representing clients in complex family law cases, including spousal support or alimony negotiations. To learn more about our legal services, please contact our law office to schedule a free case evaluation today. You may reach us at 647-933-2397.

Matrimonial Homes and Divorce: Key Considerations for Couples Splitting Up 

David Anthony, Jeffrey Ordon, and Tyler Sparrow-Mungal (Student-at-Law) from Anthony Family Law in collaboration with Bram Sandow, Divorce Real Estate Made Simple* 

Defining the matrimonial home plays a pivotal role in many family law cases. Understanding how matrimonial homes are treated under the Family Law Act in Ontario during a divorce or separation is essential for making informed decisions and ensuring that your interests are protected. 

What is the Family Law Act? 

In Ontario, the Family Law Act is the law that governs “the orderly and equitable settlement of the affairs of the spouses upon the breakdown of the partnership,” including but not limited to matrimonial homes, support, and property. 

What is a Matrimonial Home? 

According to the Family Law Act, for a property to qualify as a matrimonial home, a spouse must have an interest in the property and, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence. 

Can You Have More Than One Matrimonial Home? 

Yes, a couple can have more than one matrimonial home if the residences are all “ordinarily occupied” by the spouses at the time of separation. Whether a property qualifies will depend on the circumstances of each case. 

How Do I Designate a Matrimonial Home? 

One or both spouses may designate property owned by one or both as a matrimonial home online with the Ontario land registry office.  

Designation by One Spouse: 

If only one spouse designates a property as a matrimonial home, any other property that qualifies as a matrimonial home under Section 18 remains a matrimonial home. 

Designation by Both Spouses: 

If both spouses designate a property as a matrimonial home, any other property that is a matrimonial home under Section 18 will stop being a matrimonial home.  

What Happens if the Matrimonial Designation is Cancelled? 

When both spouses designate the same home as a matrimonial home and then it is cancelled, Section 18 applies again. Any property that qualifies as a matrimonial home under Section 18 will again be considered a matrimonial home. 

Can I Sell or Mortgage the Matrimonial Home 

You cannot sell or put a mortgage on the matrimonial home without one of the following:  

1. Consent: Your spouse must agree to the transaction;   
2. Separation Agreement: Your prior spouse must release their rights to the property in a separation agreement;
3. Court Order: A court must authorize the transaction or release the property from the application of the Family Law Act;
4. Matrimonial Designation of Alternate Property: The existence of another property that is currently designated as a matrimonial home by both spouses  

Can My Spouse Sell or Mortgage the Matrimonial Home? 

If a spouse tries to sell or mortgage the matrimonial home, the transaction may be set aside by an application to the court if they do not fulfill the criteria outlined above. However, the transaction will not be set aside if the person who acquired an interest in the property: 

1. acquired it for value; 
2. acted in good faith; and  
3. was unaware that the property was a matrimonial home at the time of acquiring it or making an agreement to acquire it. 

Why Should I Designate a Matrimonial Home? 

Designating a property as a matrimonial home can protect you from having it sold or mortgaged without your knowledge, as this designation appears on the property’s title. This designation will inform anyone dealing with your spouse that the property is a matrimonial home and requires them to meet one of the four criteria listed in the Family Law Act before they can list the home for sale or put a mortgage on the home. 

Considerations During Relationship Breakdown 

Who Owns the Matrimonial Home? 

When a marriage breaks down, one of the most contentious issues can be who gets the matrimonial home. The spouse that holds title cannot simply force the other spouse to leave when the relationship breaks down. According to the Family Law Act, both spouses have an equal right to possession of a matrimonial home. Even if only one of the spouses has an interest in the home (i.e., is on title), the other spouse still has a right to live in the home. 

Who Can Live in the Matrimonial Home? 

You can apply to the court to decide whether one spouse should be given exclusive possession of the matrimonial home or part of it. The court will determine for how long, alongside some other conditions. It can also release other property that is a matrimonial home from the application. 

To determine whether to make an order for exclusive possession, the court will consider:  

1. The best interests of the children affected; 
2. Any existing court orders under Part I (Family Property) and any existing support orders or other enforceable support obligations; 
3. The financial position of both spouses; 
4. Any written agreement between the parties; 
5. The availability of other suitable and affordable accommodation; and 
6. Any violence committed by a spouse against the other spouse or the children.  

The court will not consider the ownership of the matrimonial home, its contents, or the possessory rights involved. Whether an order is made for exclusive possession of the matrimonial home will depend on the circumstances of each case.  

Conclusion 

Recognizing the significance of the matrimonial home in family law is essential. Understanding how the Family Law Act applies to matrimonial homes will equip you to make effective decisions and protect your interests throughout the divorce process. 

Apart from children, the matrimonial home is often one of the most fought-over issues in a divorce. Hiring a skilled family law lawyer can help. For more information on your rights in a separation or divorce, contact Anthony Family Law using the chatbot on the corner of this page. 

About Divorce Real Estate Made Simple* 

Bram Sandow and Adam Linden, the experts behind Divorce Real Estate Made Simple, recognize the emotional toll divorce can take, especially as it involves significant life changes. Their exceptional team helps to streamline the process of selling your real estate assets and provides unparalleled support during this challenging period. As Certified Divorce Specialists, these industry experts pride themselves on offering a customized approach that sets them apart: they blend decades of experience and market knowledge, coupled with compassion, confidentiality, and unwavering dedication to guide you through the complexities of separation and divorce. With Bram and Adam as your trusted partners, you’re not just working with top-producing REALTORS®, you’re gaining allies committed to easing your journey through this difficult and transitional phase. 

*collaboration with Divorce Real Estate Made Simple is not an endorsement of their services and should not be used or considered as a recommendation. 

This article was previously published on June 19, 2024, on Divorce Real Estate Made Simple’s website. Publication on Anthony Family Law website is with full permission. 

The materials contained in this article are intended to provide general information and comment about recent developments in the law and related practice points of interest. The information provided is not intended to provide legal advice. For specific legal advice, please contact Anthony Family Law. 

What is Guardianship of a Minor?

Guardianship of a minor refers to the legal process where an individual, other than the child’s biological parents, is granted the rights and responsibilities to care for the child. This individual, known as the guardian, assumes the role of a parent and is responsible for the child’s well-being, including their education, health care, and general welfare.

In Ontario, the Children’s Law Reform Act governs the guardianship of minors. It outlines the legal criteria that must be met for a court to grant guardianship. The primary concern of the court is always the child’s best interests.

What are the Key Factors the Court Considers?

The legal criteria for granting guardianship of a minor in Ontario are comprehensive and designed to ensure the child’s safety and well-being. Here are some of the key factors that the court considers:

1. The Relationship with the Child: The court evaluates the existing emotional bonds between the child and the potential guardian. 
2. The Ability to Provide Care: This factor assesses whether the potential guardian has the resources and capacity to provide for the child’s daily needs, including food, shelter, education, and health care. 
3. The Child’s Preferences: The child’s wishes might be considered, depending on their age and maturity.
4. Stability: The potential for providing a stable and consistent home environment is evaluated. 
5. The Child’s Cultural and Religious Background: It’s important that the guardian can respect and nurture the child’s cultural and religious heritage. 
6. The Potential Guardian’s Health: The physical and mental health of the potential guardian is assessed to ensure they are capable of undertaking the responsibilities of guardianship. 

What is the Process for Applying for Guardianship of a Minor?

The process for applying for guardianship of a minor in Ontario involves several steps:

1. Application: The application must include detailed information about the applicant, the minor, and the reasons for seeking guardianship. Essential documents, such as proof of the child’s age and the applicant’s relationship to the child, must be attached.
2. Notice: Once the application is filed, the applicant must provide notice to other family members and any individuals with a significant relationship to the child. 
3. Investigation: After the notice is given, the court may order an investigation to be conducted by a child welfare agency or a court-appointed guardian ad litem. This investigation aims to gather more information about the child’s situation, the suitability of the applicant, and any other factors related to the child’s well-being. 
4. Court Hearing: The next step is a court hearing where all parties can present their case. 
5. Decision: Based on the evidence presented at the hearing, the judge makes a decision on the guardianship application. 

What Happens After Guardianship is Granted and What are the Responsibilities and Rights of a Guardian?

Once guardianship is granted, the guardian assumes all the rights and responsibilities of a parent. This includes providing a safe, stable, and nurturing environment for the child, as well as making decisions about the child’s education, health care, and general welfare.

In Ontario, the court may also set specific conditions or restrictions on the guardianship. For example, the court may require the guardian to provide regular updates about the child’s well-being or to seek the court’s approval before making significant decisions about the child’s life.

What are the Financial Responsibilities of a Guardian?

As a guardian, you are responsible for managing the child’s financial affairs. This includes using the child’s income, savings, or property to meet the child’s needs.

Can Guardianship be Revoked?

Yes, guardianship of a minor can be revoked in Ontario. The court may decide to terminate the guardianship if it’s in the child’s best interests. For example, the court may revoke guardianship if the guardian is not fulfilling their responsibilities or if the child’s parents are able to resume care of the child.

The court may also modify the guardianship arrangement if circumstances change. For instance, should the guardian be unable to look after the child because of illness or other circumstances, the court might designate a new guardian.

If you are a guardian and you wish to resign, you must apply to the court. The court will review your application and decide based on what is best for the child.

What if the Child Does Not Want a Guardian?

In Ontario, the court will consider the child’s wishes when deciding on guardianship, especially if the child is 12 years or older. If the child does not want a guardian, the court will take this into account. However, the child’s wishes are just one factor the court considers. The court’s primary concern is always the child’s best interests.

How Can an Experienced Lawyer Help with Guardianship Applications?

Navigating the legal process for guardianship of a minor can be complex and challenging. An experienced lawyer can provide invaluable assistance by guiding you through the process, helping you understand your rights and responsibilities, and advocating for your interests in court.

A knowledgeable lawyer can help you prepare a strong application, gather necessary evidence, and present a compelling case to the court. They can also help you understand the potential implications of guardianship and ensure you are fully prepared for the responsibilities that come with it.

The court’s primary concern is always the best interests of the child. Having an experienced lawyer on your side can help ensure that your case is presented in the best possible light, increasing your chances of a favourable outcome.

If you are considering applying for guardianship of a minor, call Anthony Family Law today at 647-933-2397 for a free consultation.

What is Annulment and How Does it Differ From Divorce?

Annulment and divorce are two distinct legal processes for ending a marriage, each with its own criteria and implications. Divorce is the most common method of dissolving a marriage in Canada. A divorce acknowledges that the marriage was legally valid but has now ended due to the irretrievable breakdown of the relationship. In contrast, an annulment is a legal declaration that a marriage was never valid from the beginning. When a court grants an annulment, the marriage is treated as though it never existed.

Annulments are very rare, as they can only be obtained if the circumstances meet specific legal criteria. Although an annulment can take less time to finalize than a divorce, it may involve complex legal challenges. One or more court hearings are typically required to present evidence supporting the annulment. If you believe an annulment may be appropriate in your situation, it is vital to consult with a knowledgeable family law lawyer who can provide guidance and advocate for your rights.

What are Valid Grounds for Annulment in Canada?

The Marriage Act details the requirements for solemnizing a legal marriage in Canada. If a marriage does not meet one or more of these criteria, the participants may have grounds for requesting an annulment. The standards for annulment in Canada are quite limited and specific, so it is critical to determine your eligibility with the assistance of a legal advisor. Grounds for annulment include:

• Pre-existing marriage: An individual can only be married to a single person at one time. If one of the spouses was already legally married to another person at the time of the ceremony, the subsequent marriage can be annulled.
• Underage marriage: Annulment may be possible if one or both parties were under the legal age at the time of the marriage without proper parental or court consent. The legal age for marriage can vary depending on the province, but it is typically 16 or 18 years old.
• Lack of consent: If one or both parties lack the mental capacity to comprehend the nature and implications of the marriage due to mental illness, intoxication, or other reasons, the marriage can be annulled. These grounds may also apply if the marriage was entered into under coercion, fraud, or duress.
• Consanguinity: If the partners are closely related by blood or adoption, such as siblings or parent-child relationships, it is grounds for annulment.
• Inability to consummate: If the partners are unable to engage in sexual intercourse due to a psychological condition or physical incapacity that was unknown at the time of the marriage, it may be annulled. However, refusing to consummate the marriage is typically not a valid reason for annulment.
• Lack of understanding: If one or both parties did not understand that the ceremony they were participating in was a legally binding marriage ceremony, the marriage could be annulled.

Do Time Limits Exist for Seeking an Annulment in Canada?

In most cases, there is no overall statute of limitations or general time limit for filing for an annulment in Canada. You can apply for an annulment any time after the marriage ceremony. One critical exception to this rule is if you are seeking an annulment based on the grounds of lack of mental capacity to consent to the marriage. In these cases, Ontario imposes a strict three-year time limit for filing.

However, while there is no firm cutoff date for most annulment petitions, the longer you wait to file, the more difficult it may become to prove the grounds and have the marriage declared invalid. For this reason, it is generally advisable to file for an annulment as promptly as possible after the grounds arise or are discovered. Consulting an experienced family lawyer is highly advisable to understand any time constraints that may apply to your unique situation.

Are Religious Annulments and Civil Annulments the Same?

Some religious institutions, such as the Catholic Church, may grant religious marriage annulments to members if they meet certain requirements. While a religious annulment may have significance within a particular faith, it has no legal standing in Canada. To legally invalidate a marriage, one must obtain a civil annulment from the provincial superior court by meeting the specific legal grounds and following the correct procedure. A religious annulment alone is not a substitute for a civil annulment under Canadian law.

What Other Legal Issues Should You Consider if Seeking an Annulment?

Although an annulment is different from a divorce in many aspects, it still results in the end of a marriage. If the annulled marriage included children or mutual property, it is essential to address the topics of property division, child support, parenting time, and decision-making responsibilities. It is key to remember that since an annulment renders the marriage invalid from the start, spousal support is not an option in these cases.

Divorce proceedings automatically require the spouses to agree on these topics before the split is finalized, or the judge will determine an arrangement. For those obtaining an annulment, these issues typically must be addressed separately. Your lawyer can help you determine your next legal steps following your annulment based on your situation.

How Can Our Law Firm Assist You?

Annulments can arise from highly emotionally charged situations. Realizing your spouse was not up-front with you or your marriage was not legal can be shocking and heartbreaking. Our compassionate and experienced lawyers at Anthony Family Law can help you through this difficult time. We can examine your circumstances, determine if an annulment or divorce is the best course of action, and help you navigate the legal process from start to finish. To speak with a skilled lawyer today, contact our Ontario law firm online or call 647-933-2397 for a free case evaluation.

How Do You Approach Custody Proceedings?

When considering an Ontario divorce involving minor children, the parents must determine the custody arrangement (decision-making arrangement) they wish to follow going forward. Deciding between seeking joint versus sole custody can be daunting, as many factors must be considered. Both custody arrangements have positive aspects and challenges. A skilled Ontario custody lawyer can help you explore your options and determine which custody plan best fits your family.

What is Joint Custody in Ontario?

Joint custody allows both parents to have legal authority over the decision-making for their child. In a joint custody situation, both parents are able to make choices about their child’s education, religious upbringing, health care, and other essential aspects of their life. As with all aspects of a parenting agreement, the terms of the joint custody agreement can be tailored to suit the needs of the family as long as the child’s best interests are being served. Parents may have an equal voice on each topic or opt to split the issues individually. For example, one parent may get the final say on medical decisions, while the other gets to decide on religious matters.

In joint custody, parents must cooperate and communicate effectively to make decisions supporting their child’s well-being.

Choosing a joint custody arrangement does not necessarily mean that parenting time responsibilities will also be shared equally. Depending on the specific arrangements, the child may live primarily with one parent or spend equal or significant time with both parents.

How Does Sole Custody Differ From Joint Custody?

On the other hand, sole custody grants only one parent the legal authority to make significant decisions about the child’s life.

The child typically resides mainly with the custodial parent. However, the non-custodial parent may have rights to parenting time or supervised visits with their child. If the non-custodial parent retains parenting time, they would have the ability to make day-to-day decisions for their child while they are physically in their care but would need to defer to the custodial parent’s choices regarding significant issues.

The courts generally prefer to order joint custody whenever possible because numerous studies have demonstrated that having both parents heavily involved in a child’s life leads to better outcomes for their physical and mental wellness. Sole custody is most often granted when one parent is deemed unfit or unable to participate effectively in parenting due to health issues, incarceration, or other limiting factors. The court may also determine that this system may be the most effective solution if the parents cannot cooperate in decision-making for their child.

What Factors Does the Court Consider When Awarding Custody?

Courts in Ontario prioritize arrangements that support the child’s needs, ensuring stable and nurturing environments. The court aims to create parenting plans that foster the child’s meaningful relationship with both parents and promote stability and consistency in the child’s life. The guiding principle for custody arrangements, as set out in the Children’s Law Reform Act, is the best interests of the child or children in question. The court is obligated to protect the child’s psychological, emotional, and physical safety and well-being.

Some factors that the court may take into account when creating or considering a proposed custody arrangement include:

• The child’s care needs, based on their age and stage of development, and the ability and willingness of each parent to meet these needs.
• The history of the child’s care and the level of involvement of each parent.
• The nature and strength of the child’s relationship with each parent, siblings, grandparents, and other essential family figures.
• The child’s views and preferences, if they are of an appropriate age and maturity to make these opinions known.
• The appropriateness of requiring the parents to cooperate on decisions based on their current relationship. Credible family violence allegations and charges can also factor into the court’s determinations.
• Each parent’s willingness to support the child’s relationship with the other parent.
• The child’s cultural heritage, language, and religious education and the extent to which each parent can or would support continuity in their upbringing.
• Any civil or criminal proceedings, orders, conditions, or measures relevant to the child’s safety, security, and well-being.

How Do You Determine Whether Sole or Joint Custody is the Best Choice for Your Family?

Navigating the aftermath of a divorce with shared children can be incredibly emotional and challenging for parents. It can be difficult to set aside your emotions regarding your former partner and their actions and focus solely on what is best for your child. Enlisting the assistance of a knowledgeable child custody lawyer can give you invaluable input on how custody law works and the potential outcomes of your case. Your lawyer can evaluate your situation and help you create a viable custody plan based on your family’s circumstances.

While joint custody can have many advantages for you and your child, it may not be the right choice for every family. When considering your custody options, being honest with yourself and your legal team is important. The answers to the following questions can provide a starting point for custody discussions with your lawyer:

• Will you be able to communicate effectively with your former spouse on important and potentially emotional issues regarding your child’s care?
• Can you find ways to resolve disagreements on these topics?
• Is your child able to handle moving back and forth between residences?
• Can you efficiently coordinate potentially complex planning to ensure your child experiences minimal disruptions in their schedule or activities?

Why Reach Out to Our Law Firm?

Every custody case is unique and requires carefully tailored legal guidance to reach the most favorable outcome. At Anthony Family Law, our compassionate lawyers have extensive experience guiding clients through the Ontario custody process and fighting for the best interests of their families. To learn how we can assist you, contact our law office today by calling 647-933-2397 and schedule a free case evaluation.

Divorce can be a challenging, time-consuming, and emotional process. It’s easy to get wrapped up in the circumstances and wish you had done some things differently when you look back later on. Some of the common divorce mistakes people make are not understanding how marital and individual assets differ, letting the focus stray off of the children if applicable, and trying to go through the process without a lawyer. We cover each of these in more detail below.

Divorce is always a major change, and even the quickest and most agreeable divorces can have some hiccups. It’s important to have legal counsel you can trust to advocate for your rights. Our law firm serves clients in the Toronto, ON, area and can help you navigate the process from start to finish.

How Can You Develop a Positive Coparenting Relationship?

Not all divorces involve children, but the ones that do are often more complex. Child custody and child support matters can be contentious and take time to work out, and it can be difficult to keep the larger co-parenting relationship in focus. When you are dealing with your ex, it’s important to try to view them as your children’s parents and to focus on what’s best for the children. And in most situations, that’s a healthy, positive relationship with both parents.

What Qualifies as Martial vs. Individual Assets?

What counts as marital property is a common area of misunderstanding in divorces. In general, any property acquired after the marriage is considered marital property—even if it’s only in one person’s name or the purchase was made by one person. Individual assets that are not subject to marital property division guidelines are generally those that existed as separate assets before the marriage and that were not used as marital property. For example, if one person had a bank account before the marriage and maintained that in their name only, that would be individual property. But if they used the funds from that account to pay marital bills or expenses, it could be considered a marital account.

Why Do I Need a Divorce Lawyer?

In some cases, couples are able to agree on all of the terms of the divorce and are ready for it to be an amicable split. If this is you, it can be tempting to attempt to go through the divorce process without a lawyer. However, it’s important to note that even divorces that start off well don’t always end that way, and it can be difficult to pivot quickly if your ex decides they no longer agree on child custody or division of assets in the middle of the divorce. A divorce lawyer can help ensure all of your paperwork is filed correctly and that you understand how any agreement reflects your rights and interests under Ontario law.

The first step is talking with a family lawyer about your situation. Our team is experienced with common issues and pitfalls that come up in divorces and can help you understand your options. Call our Toronto office today at 647-933-2397 to set up a consultation.

Filing a divorce in Ontario is a relatively simple process. All you have to do is file the proper forms with the local family court and pay any associated fees. However, these forms need to be filled out correctly and all of the divorce requirements must be met to ensure that the divorce can move forward. While it is possible for someone to file for divorce without a lawyer, it’s not advisable. To file for divorce with a lawyer, all you have to do is retain counsel and have them draft the paperwork for you to sign before they file it.

If you’re ready to file for divorce, the first step should be to talk with an experienced family law lawyer. Our firm can help you understand the Ontario laws and what to expect from the divorce process.

Are There Legal Requirements to Get a Divorce?

There are specific legal requirements that you must meet to file for divorce in Ontario. The marriage must either be ending as a result of infidelity, cruelty, or abuse, or you have to have been living apart for at least one year. While this often means living in separate houses, this isn’t always the case. The law requires that you be living separately and apart for one year, but it is possible to meet these requirements without having two residences.

How Long Does the Divorce Process Take?

How long the divorce process takes depends on your unique situation, and the most important factor is whether both parties are in agreement on the divorce and how any property division or child custody matters will be handled. In general, it can take anywhere from four to six months to get through the divorce process, but this can be significantly longer–even stretching into years–if there are issues that have to be handled through a trial in the family courts.

When is a Divorce Considered Final?

Many people celebrate when the judge hands down the divorce decree, but this isn’t when the divorce is actually considered final. A Divorce isn’t considered final until 31 days after the decree is filed by the judge. This is especially important to be aware of if you are planning to get remarried shortly after the divorce, as you will need to wait for the divorce to take effect before you can remarry.

Divorce is common, but that doesn’t mean it’s easy. Depending on the joint assets you have and whether there are children involved, you may need to consider aspects such as spousal support, child custody, and child support. Schedule a consultation with one of our divorce lawyers to get more information about how divorce works in Ontario and what your next steps should be. Call 647-933-2397 today.

Spousal support is a type of monetary support that the courts can award when a couple divorces. It is money that is paid on a monthly basis from one party to the other. The goal of spousal support is to provide temporary financial support to one party as they get back on their feet and more financially established after the divorce.

Spousal support amounts can be significant and can play a large role in your finances after the divorce. If you are getting a divorce and you think that spousal support may be a factor, talking with a divorce lawyer can ensure that you understand what to expect.

Under What Circumstances is Spousal Support Awarded?

In Ontario, spousal support can be a factor for marriages or common law relationships of at least three years. There are some situations where non-marriage relationships may also qualify, specifically if the relationship resulted in a child. Spousal support amounts are determined by taking a variety of factors into consideration. These can include the income of both parties, whether responsibilities during the relationship led to one party not being able to pursue career or education goals, the number of children, and any special circumstances.

How Long Do I Have to Pay Spousal Support?

How long a spousal support order is in place usually depends on how long the relationship lasts. The general duration of spousal support ranges from six months to one year for every year of the relationship. This means that a 10-year relationship could result in a spousal support order that is valid for five to 10 years. However, if the relationship lasted at least 20 years, the courts have the option of making a spousal support order permanent, which is often commonly referred to as alimony.

What Should I Do If I’m Unable to Pay?

If you think you may be unable to meet the obligations of a spousal support order, it’s important to take action as early as possible. Let the courts know that you don’t think that the spousal support amount is reasonable considering your financial situation or that you don’t believe that the relationship qualifies for spousal support to be a factor. You will need to provide evidence and documentation for any argument you are making, and this is where a lawyer can be of service.

Whether you are the party receiving or paying spousal support, it’s important to understand your rights, obligations, and legal options. Our lawyers are experienced with cases involving spousal support and can provide counsel on how to present your case to the courts, how to request a modification of a spousal support order, and how to enforce a support order. For more information on our team and how we can help, call 647-933-2397 today to schedule an appointment.

In Ontario, most child support orders are valid until the child turns 18. However, there are some exceptions that can extend an order. Sometimes, if the child turns 18 during their last year of secondary school, the support order could remain in place until the child graduates. Ontario also allows some support orders to remain active if the child decides to pursue college and is still a dependent during this time.

When you are issued a child support order, it’s important to review it fully so you know what the terms are, how much the support order is per month, and how long it lasts. If you have any questions about your child support order, our law firm can help you understand what it covers and what your options are if you think it should be different.

When Are Child Support Orders Issued?

Child support orders are issued when the parents of a child divorce. Child support orders can also be issued if two parents never married but one parent believes they may be entitled to a support order and petitions the court. It’s common for support orders to be issued in combination with child custody orders. The child support agency has to determine the amount of support from the financial records of the parents, so it can take some time to be finalized and put in place.

Can I Ask for a Modification to a Child Support Order?

It is possible for child support to be modified after it has been put in place. The first step is to look over your existing order and decide what change you are requesting. One of the most common modification requests is to lower the amount of child support ordered based on the payor losing a job or decreasing income. Next, you will need to file the paperwork with the courts and serve the other parent. If both parties agree to the change, the courts can modify the order and make it final. If the parties disagree, the case goes before the courts to make the final determination.

Can a lawyer Help Me With a Child Support Order?

While child support modifications are usually straightforward, a lawyer can be a valuable asset. They can ensure that the paperwork is completed correctly, filed with the appropriate departments and that it clearly explains the reason for the modification request. If the case has to go to the courts, a family lawyer can argue your position in the courts so that you don’t have to worry about preparing notes or going before a judge.

If you live in the Toronto area and are interested in modifying your child support order, schedule an appointment with our firm today to go over your options. We have experience with child support orders, including initial orders and modification requests, and can walk you through the process. Call 647-933-2397 to get started.