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Toronto Divorce Advice, Tips & Resources

When can the support amount be higher than the one shown on Ontario’s Child Support Table?

For each province and territory in Canada, the federal Child Support Guidelines provide a Child Support Table, which indicates a base amount of support to be paid. Each province’s Child Support Table is different, though the payment amount is based on the payor parent’s gross income and the number of children to be supported. In many cases, the Table determines an appropriate amount of support. However, the Table does not cover “special” and “extraordinary” expenses, and calculation of these may result in a payment amount…

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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 that each person brought to the relationship. However, if you somehow contributed to the value of your common-law spouse’s…

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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 end of one union didn’t stop them from entering into a second one, either a marriage or a common-law relationship….

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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. Gifts and significant debts factor into many divorces, requiring careful analysis to calculate a fair equalization payment. In general, gifts…

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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.  In Ontario, from the time of separation, you generally have to wait one year for the court to finalize the…

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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 may also be shared if the value of the property increased during the course of the marriage. In any case,…

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