One of the major decisions spouses will need to make is what happens to my pension during a divorce. Because it is classified as an asset it must be included in the division of assets. Being a pension, however; there are certain rules for the application of the division. That depends on the type of pension and any agreements in place between the divorcing couple. What is a pension? We spend most of our adult working lives building a pension for retirement. Most people who have worked in Canada usually have The Canada Pension Plan (CPP).  Some people may also have a private pension plan ..read more

What is Divorce Mediation? When you’ve made the decision to separate, you’re often told to ‘get a lawyer’.  But before you decide to lawyer up, and enter into a potentially nasty legal battle, please know that there are other alternatives. If you don’t know just how expensive traditional lawyer lead litigation can get, click here to see how this couple spent 1.7 million dollars in litigation fees! Costs Endorsement 22-01-04 Divorce mediation is an alternative to what can be a stressful, lengthy and expensive process❤ If you and your partner are committed to wanting to resolve the issues ..read more

What is Spousal Support? Spousal support (sometimes referred to as alimony) is money paid from one spouse to the other after they separate or divorce. In Ontario, the law views spousal relationships as an economic partnership. When couples separate or divorce, if one spouse has a higher income then the other, they may be ordered to financially support the other after separation. Spousal support can be ordered in situations where couples were married, living together as a couple for at least 3 years, or were in a relationship and had a child together. Spousal Support is not an automatic ..read more

What is a common-law relationship in the eyes of Ontario family law? There are certain criteria that need to be met for common-law relationships to be considered “legally” valid in the Province of Ontario. First, two people who have been living together for 3 or more years and are involved romantically are considered a common law couple. Deciding to live together in a marriage-like setting, sharing a home, finances, personal belongings, and friends provide the statute. Second, the “couple” share a child or children and have been cohabitating in a familial setting for at least a year. The rig ..read more

What is a separation agreement? A separation agreement between married or common-law couples is a binding agreement under Ontario Family Law. It is meant to formally resolve all issues arising from a separation, such as support, parenting time and decision-making responsibilities for the children, and property division. A couple, once married, has now decided to separate and can have a legally binding agreement to help to outline the decisions and governance of both parties. When drafting a separation agreement, both parties negotiate in good faith, they discuss points that relate to specif ..read more

One of the major decisions parents will need to make is creating a parenting plan during a separation or divorce. For parents who are married, this was previously known as custody and access. Recent changes to the Divorce Act and the Children’s Law Reform Act removed these terms and replaced them with parenting time and decision-making responsibilities. Parenting time refers to the right for each parent to spend time with their children, and the time when each parent is primarily responsible for the children Parenting Time Parenting time is now most commonly established through creating a ..read more

5 tips help you navigate your divorce. You and your spouse have decided to discuss separating. Understandably, you are overwhelmed by a wave of emotions from sadness to anger. However, you would prefer an amicable separation from your partner. What next? 5 tips help you navigate your divorce.   Here are 5 tips to help you navigate your divorce. Couples that struggle to resolve issues such as money and have different priorities and goals in life are more likely to explore the idea of separation. This has led to an overall increase in the rate of people inquiring about divorce. It do ..read more

6 Money Issues that can kill your marriage Money is one of the leading causes of divorce. Couples who have money issues are more likely to get divorced than those who don’t have money issues. These 6 money issues that can kill your marriage are listed below. Here are the top 6 issues that can kill your marriage: Arguing about money Arguments about money can cause a rift in an otherwise solid relationship. Often, it is because of a fundamental difference in philosophy about money management. Having different ideas on how to save, spend and manage money can be difficult if the partners a ..read more

Life Insurance as Security for Child Support A life insurance policy can be an important part of a divorce or separation agreement. When parents divorce or separate, life insurance as security for child support can provide financial security for their children. The policy can also be used to maintain child support if the non-custodial parent dies. Spousal and Child Support In Canada, both spouses in a marriage are obligated to support each other and any children of the marriage. Spousal support is money paid by one spouse to the other. Similarly, child support is money paid by one spous ..read more

How long does a divorce in Ontario take? The answer is, it depends on the couple and whether the divorce is contested or uncontested.    What is a Contested Divorce?     A contested divorce occurs when partners disagree on some, or all, of the divorce issues such as division of assets, child support, parenting schedules, etc. These types of separations usually end up in court, with a judge having to make decisions for the parties. These divorces usually take anywhere from 1 year to several years to finalize. Due to the current backlog of family court cases as a result ..read more