Yes. According to Ontario law both you and your spouse can be considered to be legally separated in Ontario regardless of the fact that you are living in the same residence. This, however, depends on the facts that surround your current relationship. If it is your position that, although you and your spouse are living at the same residence, you are legally separated in Ontario, and your spouse is denying or claiming otherwise, the courts usually will require clear evidence that you are no longer in a spousal relationship. Some of the factors used in order to determine if you and your partner have a legal separation in Ontario include, but are not limited to the following: Do you still engage in physical intimacy? Do you still engage in social activities together? Do you and your spouse do household chores for the other (such as cooking, housekeeping, laundry, etc.)? The court may take into consideration evidence that illustrates the intent of the parties. In other words, did you in fact hold yourself out to your friends and family as separated, as opposed to maintaining the status of the relationship to third parties. For example, were forms of any kind completed stating that you are “separated”...
No. In your family law matter, you and your partner need different, independent lawyers. Spouses' and common-law partners' interests may be and often are conflicting. In view of this, each party in a family law matter requires his or her own lawyer. Your lawyer should fully explain the law to you on each individual issue as well as the strengths and weaknesses of your case. Your family lawyer must be free from any conflict of interest so that he or she can effectively represent your interests.
Many separating parents are concerned about whether separation and divorce causes harm to their children. Specifically, does separation and divorce cause children to become less well-adjusted than children with parents who have not separated? Separation and divorce itself does not harm children. Rather “inter-parental anger and conflict are strong predictors of, and risk factors for, child maladjustment regardless of the family type in which the child is living: intact, divorced, or stepfamily” (Government of Canada, An Overview of the Risks and Protectors for Children of Separation and Divorce, 2015). Children are resilient if properly supported by the loving adults in their lives. A main protective factor for children whose parents are separating is a strong relationship between parent and child (Government of Canada, An Overview of the Risks and Protectors for Children of Separation and Divorce, 2015). Therefore, a divorcing spouse should ensure that s/he continues to strengthen the children’s relationships with both parents, where possible. As parents, consider that it may well be best protect children of separating spouses by: Separating in as amicable a manner as possible; Reducing inter-parental conflict throughout the child’s life; and, Never involving children in the adult issues between spouses. Should you wish to reach a...
Divorce involves a reorganization of the family system and it is normal for family members to feel some negative emotions as a result of this significant change. There are several different types of professionals that you may wish to engage to support your family through this change: Social workers have either a Master of Social Work or a Bachelor of Social Work. They are “concerned with helping individuals, families, groups, and communities to enhance their individual and collective well-being” (Canadian Association of Social Workers, What is Social Work?). Counselling from a social worker is not covered by OHIP but it may be covered by your employment benefit plan. Psychologists are mental health professionals with a PhD in psychology. They focus on all forms of psychology - both normal and abnormal (Canadian Psychological Association, What is a Psychologist?). Psychologists can diagnose mental illness and administer tests such as an IQ test and different forms of personality tests. Counselling from a psychologist is not covered by OHIP but it may be covered by your employment benefit plan. Psychiatrists are medical doctors who focus on abnormal psychology. Psychiatrists can diagnose mental illness and prescribe medication (Canadian Medical Association, Psychiatry Profile). A psychiatrist providing...
Background Spousal support is the obligation of one party to financially provide for the other after separation of spouses. Spousal support is also called spousal maintenance or alimony, particularly in other jurisdictions. The principles of spousal support are gender neutral. Men or women may apply for support or need to pay it, depending on their circumstances and those surrounding the relationship. Spousal support may be a short-term transitional award, time limited, or a long-term award. Fault is not a factor considered in awarding spousal support. In 1986, the Divorce Act stated in section 15.2(5) that "the court shall not take into consideration any misconduct of a spouse in relation to the marriage." In the case of Leskun, Justice Binnie explained that "misconduct, as such, is off the table as a relevant consideration." Justice Binnie went on to explain that in any event "there is ... a distinction between the emotional consequences of misconduct and the misconduct itself." The cases that underpin entitlement to spousal support are: Moge and Bracklow. The Spousal Support Advisory Guidelines underpin determining the amount and duration of spousal support, and also the entitlement of spousal support. Moge Moge reversed the trend of minimalist spousal support awards. According...
Spousal support rights and obligations can apply to both married and common law couples. In a common law relationship, a party may have a right to spousal support if: They have a child or children together; or, They have been cohabiting for a period of more than three years. According to section 15.2(6) the Divorce Act, spousal support awards should: Recognize any economic disadvantages or advantages to the spouses arising from the marriage or its subsequent breakdown; Apportion between the spouses any financial consequences that have arisen from caring for any child of the marriage in excess of any obligation for the support of any child of the marriage; Relieve any economic hardship borne by the spouses, which arises from the breakdown of the marriage; and, Insofar as is practicable, promote the economic self-sufficiency of each spouse in a reasonable period of time. While adults are expected to take care of themselves and become self-sufficient following the breakdown of a relationship, there are often factors and consequences of the relationship which may leave one party at an economic disadvantage. For example, where one party forgoes career opportunities or advancements in education in order to maintain the home and be a stay-at-home...