Clients are often concerned about what will happen to their family property if they separate. They usually want to know how assets such as their home, RRSPs, cottage and cars are going to be divided. There are very specific rules for division of property for married spouses which are set out in Part 1 of the Family Law Act (“FLA”). For non-married spouses, there are different considerations which will be covered under a separate blog post. This post focuses only on the division of property for married spouses....
At the end of a relationship, the spouse with less income may make a support claim from the other, which is in addition to a property settlement. This additional support payment is referred to as “spousal support” in Canada.1 The Divorce Act2, sections 15(2-4) sets out the factors and objectives for an order for spousal support:
Factors – In making an order under subsection (1) or an interim order under subsection (2), the court shall take into consideration the condition, means, needs and other circumstances of each spouse, including:...
Even if you’ve never been through a family law dispute before, you’ve probably heard of child support or spousal support (also known as “alimony”). To determine what someone will owe for support, we must first determine that spouse’s income. This is often easier said than done. For some payors, it could be a straightforward exercise. We simply refer to gross “Total income” on their tax return.1 If a payor is an employee with an arms’ length employer, and there is no opportunity to reduce or defer income, or write off unnecessary expenses, it can be very quick and easy to determine that person’s income by looking at their tax return....
