Divorce can be difficult enough without having to sort through misinformation. Friends, social media, and movies can create misconceptions about what actually happens when a marriage ends.
Here are five common divorce myths and what the law actually says.
Myth 1: Divorce Always Means a Courtroom Battle
Divorce and separation do not necessarily have to end in a trial.
Many family-law disputes are resolved through negotiation, mediation, or collaborative family law. These processes can allow spouses to work toward an agreement about parenting, support, and property without having a judge decide every issue.
Ontario also has a Mandatory Information Program for many family-court cases. It provides information about the family-court process and alternatives to litigation. It is not the same as mandatory mediation.
Myth 2: You Can Deny Parenting Time If Your Ex Stops Paying Support
Child support and parenting time are separate legal issues.
A parent generally cannot withhold parenting time simply because the other parent has not paid child support. Similarly, a parent does not automatically lose parenting time because they have fallen behind on support.
If support is not being paid, there are legal enforcement mechanisms available, including through the Family Responsibility Office (FRO) where the support obligation is eligible for enforcement.
Parenting arrangements are determined based on the best interests of the child, not as a way to enforce child support.
Myth 3: Children Get to Choose Which Parent They Live With
There is no specific age at which a child automatically gets to choose which parent they live with.
A child’s views and preferences are considered as part of the best-interests analysis. The weight given to those views depends on factors including the child’s age and maturity.
An older or more mature child’s views may carry significant weight, but the court remains responsible for making the parenting decision based on the child’s best interests.
Myth 4: Everything Gets Split 50/50
Ontario’s property regime is more complicated than simply dividing everything in half.
For married spouses, Ontario generally uses an equalization of net family property system. Each spouse’s net family property is calculated, and the spouse with the higher amount generally pays one-half of the difference to the other spouse.
This does not mean every individual asset is physically divided 50/50. The calculation can involve property owned before marriage, debts, gifts and inheritances, and the matrimonial home.
The matrimonial home receives special treatment under Ontario law, and a valid domestic contract may also affect certain property and support issues.
Myth 5: Common-Law Couples Have the Same Rights as Married Couples
Common-law relationships and marriages are not treated identically under Ontario family law.
Common-law partners do not generally have the same automatic equalization rights as married spouses, nor do they automatically acquire an interest in property simply because they lived together.
However, common-law partners may qualify for spousal support under Ontario’s Family Law Act. This can include partners who have cohabited continuously for at least three years, or who have a child together and were in a relationship of some permanence.
Depending on the circumstances, other property claims may also be available.
Frequently Asked Questions
Not necessarily. Many matters can be resolved through negotiation, mediation, or other dispute-resolution processes.
Generally, no. Parenting time and child support are separate legal issues.
There is no specific age. The child’s views and preferences are considered as part of the best-interests analysis, with appropriate weight given to their age and maturity.
No. Common-law couples generally do not have the same automatic equalization regime as married spouses.
Key Takeaways
- Divorce does not necessarily require a courtroom trial.
- Child support and parenting time are separate legal issues.
- Children do not automatically get to choose their parenting arrangement at a particular age.
- Ontario’s property regime involves equalization, not simply dividing every asset 50/50.
- Common-law partners do not generally have the same automatic property rights as married spouses.
This article provides general information and is not legal advice. The outcome of any matter depends on its specific facts.
