FAQ's

How much will my separation cost?

The cost of a separation depends on many factors, including how much you have to settle, what kind of property you own, whether you have children, and whether you and your spouse can cooperate. We are conscious of costs and strive to minimize them. We will discuss cost saving measures with you so that nothing comes as a surprise.
 

Should I close the joint accounts and joint debts now that we have separated?

It is usually prudent to do so, particularly if you are worried about accumulating debts.
 

My partner or spouse cheated. How does the court view this?

Adultery is a reason to get a divorce, but if you have been separated for a year, you do not have to prove adultery and therefore, it is rarely used as a ground for divorce. Your partner's affair does not give you more rights in terms of getting custody, getting a bigger share of property or getting more spousal support.
 

What is the difference between custody and access?

Custody refers to the ability to make major decisions related to your children, including decisions around education, health and religious upbringing. Often, custody is connected to where the children live, but parents can share custody even when the children live primarily with one parent. Access is the time spent with the parent who does not live with the child the majority of the time.
 

If I move out of the matrimonial home after we separate, how will this affect equalization?

It should not affect equalization.
 

How will a separation affect my pension?

That depends very much on your particular circumstances, including what kind of pension you have, how long you were married, whether you were married while you were earning your pension and other factors in your separation agreement.
 

How soon should I prepare a will after separation?

It is a good idea to prepare a will as soon as possible after separation. A separation does not void an existing will.
 

Am I entitled to spousal support if I have been in a common-law separation?

Yes, depending on the unique facts of your case.
 

How long do I have to live with my partner for it to be deemed common law in Ontario?

Three years continuously.
 

How do I determine the date of separation? What happens if we both have differing opinions on the date of separation?

The date of separation is when you started living separate and apart regardless of whether you remained in the same home. If you have different opinions on when that happened, the court will look at a number of factors such as whether you lived in the same house, acted as spouses, were intimate, ate together or told your friends and family that you were separated.
 

If we are still residing together in the matrimonial home but are living separate and apart, can I assume that we are separated?

If you both agree on when your separation began, it will not be an issue, but if you disagree at some point in the future, you will have to be able to prove that your separation began when you say it did. Ask us about what kinds of proofs of "separateness" courts usually look for if you are living together.