Avoiding tax headaches in Ontario separation and divorce

Spring may be in the air when April arrives, but it also signals tax reporting time. For Ontario couples who have undergone separation and divorce and are also spousal support payors or recipients, calculating returns can be a headache. Who gets to claim what, and how, is a question that family law lawyers hear repeatedly as filing deadlines loom. Thankfully, some simple guidelines can be applied because tax laws recognize the reality that two households are …

It may be that statistics, rather than technology or climate change, will diminish society as we know it today. When surveys and polls are conducted, they are rife with assumptions despite claims of being objective and neutral. Whether the subject is marriage or separation and divorce, Ontario couples should be wary of results culled from information in surveys. Embedded in survey questions are presuppositions about what the answers should be. For example, asking “why did …

Many couples may have lived together as romantic life partners for years before agreeing to tie the knot. Once formally married, a new layer of meaning is added to the relationship whence the urban legend that “marriage changes everything.” This ineffable element may strengthen the trust between spouses, or erode it. It may or may not be true that, once married, people change. Perhaps only perceptions change. There are cases, however, in which the habits …

It’s always desirable for couples to maintain an overall “need-to-know” communication policy in their relationship. This would include everything from the start time of the kids’ hockey game to money and assets, whether held in Ontario or elsewhere. As a recent Canadian poll suggests, not disclosing one’s financial status can lead to relationship mayhem and, by inference, to separation and divorce. Indeed, full and complete financial disclosure by both parties constitutes an important part of the …

In times past, the dissolution of a marriage catapulted a couple into the margins of society. Virtually no organizations existed to offer support through the before and after of separation and divorce. Experts in addressing the needs of children were few and far between. Since then, Ontario has become one of the most progressive provinces in offering assistance to divorcing couples and their children. There is no one way to tell children that their mother …

One of the reasons a couple might forge ahead through an already shattered marriage is fear of parental alienation. Ontario society is familiar with cases in which an embittered spouse seems to launch a campaign to estrange a child’s affection from the other parent. In all that can be said about the challenges of separation and divorce, nothing may be as pernicious as trying to turn a child against a parent. Family law practices have …

The statistics on the rate of marriages ending in divorce can often be disheartening. It’s easy to forget that such cold data excludes the value of extended family members who frequently might offer support to the reconfigured lives of those who have undergone separation and divorce. Last year, Ontario family law recognized grandparents as distinct from “any person”who could apply for access to or custody of the children of divorced parents. In this, Ontario has …

Most Ontario parents want what is best for their children. This concern often continues even in the event of a separation or divorce. More and more couples are choosing to avoid litigation and opt for mediated or collaborative divorces, which are mostly amicable, and most parents will do whatever they can to maintain loving parent-child relationships throughout the proceedings and beyond. A social work professor at King’s University College is orchestrating a study to learn …

Experts insist that key predictors of divorce do, in fact, exist even though there is evidence that marriages dissolve for myriad reasons. Indeed, many Ontario marriages endure a lifetime, defying statistics based exclusively on behaviour identified as not constructive. The level and intensity of commitment and communication as well as basic character come into play in every one-on-one relationship. When separation and divorce are contemplated, these less measurable elements as well as behaviour will play crucial …

Timing and status are paramount in the eyes of the law. The legal status of men and women in Ontario changes according to their marital status — whether single, common-law, married, separated or divorced. When separation and divorce are contemplated, the courts follow laws governing the division of assets that may seem, to the layman, like a maze constructed of one technicality atop another. It can be particularly challenging because agreements made at the time …

Part of the extreme distress that often characterizes the dissolution of a marriage is realizing that virtually everything that made up the warp and woof of one’s daily life will now be legally viewed as divisible. Furniture that one spouse may regard as a sentimental keepsake and the other spouse views indifferently tallies up as a shared asset. As such, it may unexpectedly create a potentially fractious scenario. Ontario couples embarking on separation and divorce …

There is no question that the loss of trust in any relationship leads to feelings ranging from sadness and anger to a deep sense of betrayal. What once was the mainstay of a marriage is gone forever, leaving one or both partners bereft of that element so crucial to maintaining ongoing intimacy. Bitterness may overwhelm a partner in his or her pursuit of separation and divorce and cloud their understanding of the legal perception of …

Applying for divorce in Ontario requires at least one of three elements stipulated by Canadian law. The spouses must be living separately for a year or more, there is a history of physical or mental abuse or one spouse has committed adultery. Adulterous affairs often lead to separation and divorce, but the law is clear about what counts as adultery and what does not. For example, the Divorce Act states that the affair must include …

There is no doubt that it is tough to face the facts when a marriage comes to an end. Even if an Ontario couple can keep theirseparation and divorce amicable, there will be challenges — both financial and emotional. Using alternative dispute resolution such as mediation may further ease the process, but certain steps in preparation might help. It will help to have a basic knowledge of the family assets, income, expenses and debts before …

Baby boomers have always been trendsetters in Ontario, whether in fashion, the arts or fiscal habits. More recently, men and women of this generation are changing the way they think and feel about marriage. Perhaps in a bid to avoid the struggles associated with separation and divorce, many are avoiding marriage altogether, opting instead to live with their partners. According to research from the Pew Research Center in the United States, more baby boomers are …

Going through divorce is surely one of the most difficult experience you will go through in life. The Huffington Post has recently published a very interesting blog entitled “Surviving Divorce: 20 Dos and Don’ts” which we found very interesting (and ho! so very true…). We have highlighted twelve which in our view were the most important ones. We have also added our own annotations, in a snapshot: The most important “Do’s”: Focus on Your Well-Being: …

De plus en plus de couples ont recours aux contrats de mariage ou aux accords de cohabitation pour établir leurs droits et obligations en cas de séparation. En effet, la loi permet aux époux et aux conjoints de fait de conclure ce genre d’ententes en ce qui a trait notamment aux obligations alimentaires. Ces outils juridiques sont considérés comme étant un moyen efficace de donner aux conjoints un meilleur contrôle de leur patrimoine en cas …

Many pet owners may be surprised, and even shocked, to learn that animals are considered property in a divorce process in Ontario. In practical terms, that means that married spouses could have to fight over the family pet just like they would fight over who keeps the kitchen table when both spouses want it. Given that the pet is considered property, it is treated like any other asset and is given a value. In a …

Les émotions jouent un rôle très important dans un processus de séparation/divorce. En fait, chaque conjoint vit son deuil amoureux de façon très différente et est rarement à la même place lorsque la relation se termine. Malheureusement, les processus traditionnels en droit de la famille dont entres autres les négociations entre avocats qui servent à régler ces types de dossiers ne prennent habituellement pas les émotions en considération. Conséquemment, ce fait augmente les coûts, le …