Following a separation a couple might avoid a costly trial by coming to agreement on a number of items, possibly negating the need for a trial at all. However, sometimes an agreement might ultimately lead to further confusion or litigation. Such was the case in an decision recently issued by the Court of Appeal for …
Read MoreWhile it’s unfortunate, it is not uncommon to see a spouse with child or spousal support obligations attempt to reduce their income or assets in order to lower the amount of support they have to pay per month. To preemptively address this, courts can include orders that a support-paying spouse to not deplete their assets. …
Read MoreWhen couples get divorced or separated, one of the largest issues to deal with outside of those involving children can be what to do with the matrimonial home. There are typically two options that a couple can choose from. The first is for one party to buy out the other’s interest in the home. The …
Read MoreHave a read about the matrimonial home and the fluctuating housing market. https://www.advocatedaily.com/jennifer-samara-shuber-family-home-is-an-emotional-asset-in-a-volatile-market.
Read MoreThe court recently examined the interesting question of whether, and under what circumstances, a party can obtain an order to sell their matrimonial home even when their spouse opposes the sale. The Parties’ Story The parties were married in 1979, separated and reconciled in 2009 and 2014, and separated for a final time in …
Read MoreCheck out my latest Advocate Daily interview about who gets the pet when you break up…. https://www.advocatedaily.com/jennifer-samara-shuber-pets-still-property-under-the-law-despite-vocal-opposition.html
Read MoreAny property used by married spouses at the date of separation as a family home is a “matrimonial home” under the Family Law Act. A matrimonial home is special and treated differently than any other property belonging to married spouses. The definition of a matrimonial home is set out in section 18 of the Family …
Read MoreWe’ve previously blogged about division of property, and the critical role this plays following a separation and/or divorce. This week, we review a commonly asked question: what happens if a former spouse misses the deadline for applying for division of property? This issue was explored several years ago in Martynko v. Martynko. What Happened? The …
Read MoreThe Ontario Court of Appeal has clarified whether a structured settlement obtained in a personal injury case is considered property or income during the process of property division and equalization. The Court ruled that structured settlement funds should be treated as income in divorce proceedings. What Happened? The parties were married in December 1995. It …
Read MoreThe Ontario Court of Appeal recently ruled that a wife whose husband had been having an affair may seek a larger share of net family property to offset the money the husband had spent on his lover. The Court was careful to note that the wife cannot use her suspicions of the husband’s misconduct to …
Read More
