Types of Spousal Support: Compensatory and Non-Compensatory

Types of Spousal Support: Compensatory and Non-Compensatory

Our previous blog post on spousal support dealt with how spousal support is calculated, specifically the amount of spousal support and the duration of its payment.  I also made mention to the Spousal Support Advisory Guidelines (“SSAG”) and how they influence the calculation of spousal support in Ontario. In this post, we will be delving deeper […]

Occupation Rent: Exclusive Possession Continued

In my last blog post I discussed the concept of exclusive possession and how a spouse may be able to claim such a remedy. S. 24(1)(b) of the Family Law Act (“FLA”) provides for the remedy of exclusive possession that applies to MARRIED SPOUSES. This section provides that: Regardless of the ownership of a matrimonial home and […]

Exclusive Possession of the Matrimonial Home

One of the more difficult choices to make when separating is deciding who will get to live in the matrimonial home, or what is otherwise known as exclusive possession.  Both parties have likely developed an attachment to the home, and uprooting your life to move somewhere else can be a daunting and stressful experience. So […]

Can I secretly record my ex-spouse?

Can I Secretly Record My Ex-Spouse?

Seems like something you should be able to do right? If an ex-spouse is talking to the children, or anyone else, some parents try to record those conversations to use against the other spouse later on in legal proceedings.  What parents will need to be mindful of is that this may actually trigger parts of […]

Unequal Division of Net Family Property

Unequal Division of Net Family Property

When married spouses separate, s.5(1) of the Family Law Act (“FLA”) provides that there will be an equalization payment made from the spouse with the greater net family property to the spouse with the lesser net family property (see our blog post here for an introduction to how net family property and equalization work). To […]

Breakdown of Marriage: Physical and Mental Cruelty

Separation alone is difficult to deal with.  When the issues concerning adultery, physical and mental cruelty become involved, it can make a difficult situation that much worse.  If these concerns are a part of the separation between two spouses, courts here in Canada will implement a “no fault” regime.  This means that when a person’s […]

The Divorce Process

Should you determine that your relationship is over and that you wish to get divorced, you will need to follow the process outlined below in order to officially terminate your marriage.  If you are unsure about the nature of your relationship, take a look at our previous blog posts regarding Common law vs. Marriage and Separation […]

Separation and the Matrimonial Home

Separation and the Matrimonial Home

On separation, parties often have to make hard decisions regarding how they will split assets, who will pay support, and how they will move on from the relationship.  At this time, one of the most contentious and difficult items to deal with is the Matrimonial Home.  Who gets to keep it? Will the kids remain […]

Net Family Property and Equalization: An Introduction

Equalization is a payment from one spouse to the other at the end of a marriage.  This equalization payment ONLY applies to married spouses, not to common law spouses.  S. 5(1) of the Family Law Act (“FLA“) provides for Equalization when: A divorce is granted; Marriage is declared a nullity; When (married) spouses are separated and there is […]