Navigating a separation or divorce can be emotionally and mentally difficult for all involved. Dividing assets is challenging enough before you consider the added complexities related to digital assets. Technology has impacted all aspects of our life, including the way we accumulate wealth. Nowadays, when separating couples are tallying up their assets and the wealth …
Read MoreUndergoing a separation or divorce can impact all areas of your life. From your mental health to your family’s day-to-day activities, the process has the potential to cause a lot of stress. Emotions can get in the way, sometimes making these proceedings more difficult than one may have initially anticipated. Unfortunately, in some instances, spouses …
Read MoreAmong couples that undergo a divorce or separation, the division of property varies case to case. While some couples may decide on an equal 50/50 division of property, others may create a more customized structure that works best for their unique circumstances. When an agreement cannot be reached privately, separating or divorcing couples may proceed …
Read MoreWhat You Should Know about the Equalization of Property in a Divorce We spoke with Claire McDowell, a family lawyer with Gelman & Associates, about what you should know about the equalization of property in a divorce. Please note that this article is intended as an overview on a subject in family law, and is …
Read MoreWritten by: Galia Amoils Treating your pet as if they were part of the family has become the status quo in North American homes. However, in the context of divorce, what do the Courts have to say on the subject? HOW COURTS VIEW PETS IN FAMILY LAW MATTERS Justice R.W. Danyliuk of the Court of …
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 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 MoreAn Ontario court recently ordered that a man who was found to have gifted his former common-law spouse a 50% interest in the home they had lived in together had to either buy out the former spouse’s half interest, or the home had to be sold and profits divided equally if he wanted to resolve …
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