Separation advice

Posted in Location, North York, Ontario, Separation by Questions on June 6, 2013

My spouse wants to separate. According to him, our separation date is October 2012. Our house in for sale. We have 2 children (17 and 19)together. I work, but he is the bread winner of the family. What are my legal rights?



1 Expert Comment

  1. On June 24, 2013 at 1:32 pm
    A Family Lawyer said:

    Separation date is crucial as it determines the commencement of any support obligations. It is possible to live under the same roof and be separated. The separation date must also be determined in order to complete sworn Financial Statements. To equalize, if the spouses are married, or divide property, if the spouses are common law, the parties must engage in full and frank financial disclosure. Separation is determined when one party has withdrawn from the marriage or relationship.

    On separating it is paramount to consider the children’s best interests. It is possible in some cases that the parties determine one spouse and the children will continue to live in the house, and in which case the spouses negotiate these arrangements. If the breadwinner of the family has a pension, other savings or assets, or considerable support obligations it is possible to have the parties explore amicable resolutions to their respective concerns.

    The duration of the relationship or marriage does not effect the property rights, because the spouses divide property accumulated during the relationship. However, the duration of the relationship or marriage is a factor in calculating spousal support. In addition, assuming the bread winner spouse is responsible for support obligations or the other spouse and the children, that spouse must also maintain life insurance, and extended health and dental benefits.

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