How Family Law Can Help You Protect Your Rights During Divorce

What will happen to your finances? Can your spouse tell you to leave the matrimonial home? Who will pay for your child’s needs? If you are considering or have taken the first steps to divorce, these and many other worries will be swirling in your mind. Fortunately, there are clear answers for most of them, and Ontario’s family laws put fairness front and center.

For the purposes of this blog, we’re not going to limit ourselves to just the Family Law Act. Instead, we’ll consider the wider set of laws—such as financial and real estate—and explain how they protect spouses during divorce.

How Ontario’s Family Law Protects Your Financial Interests

The financial considerations of separation and divorce are usually among the top two worries spouses have. Who’s going to keep the house? How will financial assets be divided? Will ‘their debts’ become ‘your debts’?

Matrimonial Home

Under Ontario law, the home you and your spouse occupied as a married couple—often referred to as the “matrimonial home”—holds a unique legal status. Even if the property is solely in your spouse’s name, both spouses generally have an equal right to possess it for the duration of the marriage and until final arrangements are made.

As long as the house qualifies as a matrimonial home, you have the right to live there, regardless of ownership on title. In very short marriages, courts may decide on property division differently than they would for longer-term unions. That said, the principle of protecting your housing situation, particularly if children are involved, will still apply.

Division of Property

Ontario uses an equalization model when it comes to dividing property. It aims to split the increase in net family property accumulated during the marriage fairly between spouses. Practically, this involves comparing each spouse’s net worth on the date of marriage and the date of separation. The difference is then adjusted so both parties share the growth equally.

Note that in cases of vast disparity, courts can consider an unequal division. This is not automatic; rather, your divorce lawyer in St. Catharines can make a strong case that an equal split would be unfair to you.

Handling Debts and Liabilities

Debts incurred during marriage are generally treated as part of the ‘family property. Here are four situations to explain this better:

• Pre-marital debts: Debts that existed before the wedding typically remain the responsibility of the spouse who incurred them. This will change if they are consolidated into a joint account or agreement by the spouses.
• Debts incurred in the marriage individually: Though a spouse is not technically responsible for their partner’s debt after divorce, there are exceptions. If the expenses are for things like groceries, utilities, or other family needs, the outstanding balance can be considered a marital debt.
• Post-separation debts: Once you’ve officially separated, new debts fall outside the marriage unless they are clearly related to the family (for example, costs for a child’s needs).
• Bad faith spending: If you can show your spouse ran up debt in ‘bad faith, ’ such as through lavish spending that did not benefit the family, you could argue for an exclusion of that amount from the net family property calculation. This requires strong evidence, so having detailed account statements is crucial.

How Family Laws Ensure Fair Support Arrangements

Child and spousal support are just as important as financial considerations. They balance the financial well-being of everyone involved.

Child Support

Child support is a legal right of your child, ensuring that both parents continue contributing to the costs of raising them. The amount is calculated based on the paying parent’s gross annual income. Any special expenses may be split proportionally between you and your former spouse.

Child support is calculated as a proportion of the paying parent’s income (the parent who doesn’t have primary custody), depending on the number of children the couple has. If the paying parent fails to keep up with the required contributions, the Family Responsibility Office can step in to enforce payments through various legal measures, including wage garnishments.

Spousal Support

While child support amounts are relatively fixed by the Guidelines, spousal support decisions are influenced by various factors:

• The length of your marriage.
• Your respective roles during that marriage.
• Each spouse’s overall financial circumstances.

Spousal support calculations can get technical very quickly, so to keep things simple, remember that the bottom line under Ontario family law is fairness. The law tries to prevent spouses from facing undue hardship in the wake of separation.

For example, you may qualify for compensatory support if you gave up career opportunities to care for children or maintain your household. Non-compensatory support targets situations where one spouse simply cannot maintain a reasonable standard of living post-marriage without some level of assistance.

Regardless, child support will take priority. So, if funds are limited, child support obligations will take precedence over spousal support.

Protections Against Violence and Intimidation

Violence, and threats of violence, are some of the scariest things you may face during a relationship or divorce. Fortunately, there are several options under Ontario to protect your and your children’s safety.

Under the Family Law Act, you can seek a restraining order. This is a customized court order that is tailored to your specific circumstances, such as prohibiting your spouse from contacting or approaching you, or even requiring them to keep a set distance away from your workplace or your child’s school.

In some situations, courts can even grant exclusive possession of the matrimonial home. This applies even if the home is solely in your spouse’s name. Note that this cannot be taken for granted, and courts will weigh factors such as children’s well-being and safety and overall financial impact.

Finally, if your spouse’s actions amount to a criminal offence, you can file a report with the police. The police may intervene by warning your spouse, or they can potentially bring charges and court-imposed conditions, like no-contact orders.

Also Read: How To Know When It’s Time To See A Divorce Lawyer

Our Family Lawyers in St. Catharines Are Your Shield

Divorces, unless they are very amicable, are tough mentally, emotionally, and physically. Having a seasoned team of family lawyers can make all the difference. At Lancaster Chown & Welch LLP, we proactively fight for your and your children’s rights, ensuring safe arrangements till the divorce is finalized. Schedule a free consultation to discuss your matter with an experienced, compassionate team!