What Are The Top 5 Myths in Separation and Divorce in Ontario?

What Are The Top 5 Myths In Separation and Divorce in Ontario?

Who else want to know about the top 5 myths about separation, divorce and family law in Ontario?

Just imagine how much further ahead you’re going to be knowing about these 5 myths and how to successfully deal with these aspects of your separation or divorce.

Here are the top 5 myths about family law in Ontario:

1. You split your assets and property equally or in half!

 Many people believe that you divide or split your assets and property in half when you separate or divorce.

Unfortunately, property issues are much more complicated than this misconception.

First, you are not entitled to half of the assets and property when you have been living with a person in a common-law relationship as opposed to being legally married to the other person.

When you are married to your spouse, you do not simply split the value of the assets and property in half.

You must follow a detailed legal calculation to determine what amount is paid to a married spouse for the value of the property.

A spouse must determine their net worth, that is, the value of the assets and property minus the amount of the debts before any division of property value is allowed.

You are also entitled to other important deductions, such as deducting the net value of your property and assets that you owned on the date of marriage

In short, a married couple does not simply split the value of their assets when they separate or get divorced under Ontario family law!

2. Your spouse must pay half of your debts!

 If you have credit card debt of $10,000, for example, that you have accumulated during the marriage or relationship, your spouse is not responsible for paying half of that debt.

You are solely responsible for your individual debts.  In this example, the spouse would have to pay the $10,000 owing on their credit card.

Both spouses are responsible for a debt when they are part of a joint debt, such as a mortgage on their home.

In summary, you are responsible for your personal debts that accumulated during the relationship or marriage.  Examples of these personal debts include monies owing on personal credit cards and personal loans, such as car loans.

3. Your spouse must pay money or compensation to you if they caused the separation or divorce!

 You will not get any money or compensation from your spouse if they decided to leave the marriage or common-law relationship.

Ontario family law does not consider the “reason” for a separation or divorce as a consideration in determining property issues and spousal support.

4. Mothers still get priority for child custody in a separation, divorce or family law case!

Ontario family law has made significant changes over the last ten years or more.

Ontario family law now follows the maximum contact principle.

The maximum contact approach means that the law now recognizes that children should have as much contact with each parent that is consistent with the best interests of the children.

In an increasing number of separations, divorces and family law cases, both parents have an equal amount of time with their children.

5. Property in One Spouse’s Name is Not Subject to Property or Asset Division

Most people believe that any real estate or property registered in their name alone is not part of the property division.

That is not the case.  You have to account for the value of your real estate ownership as part of your net worth which is used to calculate property division in your separation or divorce.

Now you should find it a little easier to get through your separation, divorce or family law case by understanding the truth about the top 5 myths of Ontario family law.

Make sure you spend some time with your family lawyer discussing this important issue in your separation or divorce.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office.  You can leave a message on my Facebook law office page or call me directly at 905-434-8837.  We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group?

Go here to find out more: Durham Region Separation and Divorce Legal Support Group