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What are the spousal support rules for common-law spouses?

If you are in or have recently ended a common-law relationship in Ontario, then it is important to understand that the property division rules that apply to married couples do not apply to common-law spouses. In general, the property purchased by one common-law spouse belongs to that spouse alone, and unlike legally married couples, common-law couples do not share in the increase in value of…

Property division concerns for divorcing boomers in Ontario

You may have seen the reports in recent years: the rate of divorce among baby boomers has risen significantly and appears to be still on the rise. According to Statistics Canada, in the 30 years leading up to 2011, the percentage of separated or divorced seniors who were 65 or older rose from 4 per cent to 12 per cent. However, for many boomers, the…

Accounting for gifts and debts in a Toronto divorce

If you are going through divorce in Toronto, then it is important to know that the division of matrimonial property involves more than totaling up your cash and other assets. To reach a fair settlement, your divorce lawyer and financial advisors should take an in-depth look at your financial portfolio to identify all divisible property, debts and any property that should be excluded from division….

How can a separation agreement benefit divorcing spouses in Ontario?

If you’re feeling uncertain about the future now that you and your spouse have separated, then you are not alone. Many separated spouses are not sure of how to proceed in terms of ending the marriage fairly and equitably. You’re not only dealing with emotional stress; you also have legal concerns, which may include matters of property division, child care, spousal support and moving house. …

Equal contribution: What the law presumes about property division

When a couple divorces in Ontario, the law presumes that each party contributed equally to the marriage. This recognition of equal contribution is particularly important in matters of property division. The law also presumes that the value of matrimonial property, which is generally property that was acquired during the marriage and before separation, will be shared equally. Property that you owned prior to the marriage…

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