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Should I Quit My Job During Divorce?

Published: May 15, 2013

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Should I Quit My Job During Divorce?

During your divorce, you’ll probably come up with several “what-if” scenarios that are worth discussing with your Toronto divorce lawyer; most people do. What if you sold the house and moved into an apartment? What if you packed up the kids and moved across the country? What if you quit your job?

Running through potential situations and their outcomes is a natural part of the problem-solving process, and it can help you make the best decisions for your future.

However, you shouldn’t act on any of your “what-ifs” without understanding the potential outcomes. Since every divorce case is unique, only your Toronto divorce lawyer can provide you with legal advice that matches your situation; don’t make your decisions based on what worked for someone else, because no two divorce cases are identical.

Why People Might Quit a Job During Divorce

Some people believe that quitting a job will excuse them from their obligations related to child support or spousal support; others believe quitting a job will encourage the courts to award them higher amounts of child or spousal support.

Naturally, there are other reasons for job changes. If you’re accepting a new job that’s closer to home or offers better benefits, or if you’re leaving an old job because your soon-to-be ex owns the company, you may be making the right choice. However, you’ll still need to talk to your Toronto divorce lawyer to be sure you’re headed in the right direction.

What Your Toronto Divorce Lawyer Might Advise

Your Toronto divorce lawyer is always looking out for your best interests. He or she will be able to evaluate your situation based on the facts and probable outcomes. Together, you’ll determine the best course of action for you and your family.

Our laws are designed to promote fair compensation to ex-spouses and parents. They aren’t designed to allow someone to exact financial revenge on an ex, nor are they designed to allow a person to live the high life by impoverishing an ex. Your Toronto divorce lawyer will work hard on your behalf to get you the support you’re entitled to receive or to ensure you pay a reasonable, fair amount to support your children or former spouse according to the law.

Calculating Spousal Support and Child Support

The courts use several factors to determine spousal support payments, including:

  • Both spouses’ income levels
  • The ability of each spouse to meet their own financial needs
  • The age and health of the parties
  • The length of cohabitation (living together)
  • The earning capacity of the spouse asking for support

You can use our child support calculator to determine the approximate amount of child support you may be entitled to receive or how much you may have to pay.

Quitting Your Job During Divorce

Your Toronto divorce lawyer knows your case and how the laws relate to it. Don’t make any decisions without discussing your options with your lawyer first. He or she will let you know if changing your employment status will help or hurt your case.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - divorce & separation

If you are litigating your matter, social media posts made by your spouse or partner may be relevant, especially if they contradict what your spouse is claiming in his or her pleadings.

For example, if a spouse is claiming financial hardship, a Facebook post that shows that spouse going on an expensive trip or posing with an expensive car can undermine such claim  and, potentially affect that party’s credibility in court if presented as evidence on a motion or at trial.

Further to photograph-based posts, statements that are made on social media by one party can be relevant if said posts (i) are related to the litigation, to issues of parenting  and/or (b) they contradict statements that were made by the party in his or her pleadings. For example, if a party who is attempting to establish that he or she is an appropriate custodial parent, then recent social media posts about extensive partying and drug use made by that party may be relevant in court, as they may speak to that party’s fitness when it comes to appropriate supervision of a child in his or her care.

The Ontario Attorney General’s website estimates that divorce proceedings can take approximately four to six months to complete, provided that all documents have been appropriately accomplished and submitted on time.

No. The law does not favour mothers over fathers in divorce proceedings. The judge will base his decision on the evidence laid out by both parties.

The main distinction between divorce and separation is that divorce ends your marriage formally. You and your partner are no longer married.
If you’re separated, you’re still legally married to each other even if you receive a formal separation, and you must continue to record that you’re married on documents.

No. You are not required to get a lawyer for a divorce. However, it is best if you retain one to ensure that you fully understand all your rights and obligations.

A joint divorce application occurs when you and your spouse both agree to a divorce and on all other family law matters such as parenting, spousal support, or division of property.

Yes, it is different. Family law problems are addressed mainly by provincial laws in Ontario. Divorce law, on the other hand, is controlled by federal legislation in the form of the Divorce Act, which applies uniformly across the country.

Divorce can be a difficult decision to make, especially if you’re unsure if your partner will sign the petition. However, a divorce does not require your partner’s consent. Although it may be a long process if your partner doesn’t comply, they will not be able to stop you indefinitely.

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