Spousal Support and Early Retirement – Is it a M …

January 8th, 2019

Spousal support, sometimes referred to as maintenance or alimony, are funds that are paid to one spouse to another upon separation or a divorce. There are various reasons as to why one spouse may be required to pay support to the other, usually to assist financially for a specified amount of time or to compensate […]

 

I’m Getting a Divorce, What Are My Rights to the Fami …

December 20th, 2018

When divorce is contemplated by either one or both spouses, often it is time to start thinking about the division of assets. This could include the matrimonial home, financial accounts, earnings accumulated during the marriage and as one might expect, retirement accounts also. That said and unsurprisingly so, countless married couples who in addition, become […]

 

I Want a Divorce – What Are The Steps In Getting …

November 23rd, 2018

Until married couples obtain a divorce, the law still considers them to be married, even if they are living separate and apart. This may have implications on spouses’ estates rights, entitlements to benefits and life insurance policies, and the ability to make end-of-life decisions for incapable spouses. Before seeking a divorce, it is important to […]

 

Canadian Courts and Mahr Agreements – Can My Mahr Agr …

October 30th, 2018

We have discussed the topic of divorce in a previous blog post, however at Devry Smith Frank LLP, we are aware that typically, traditions vary in different cultures. In particular, the South Asian community. Family separation and divorce within the South Asian community is often seen as a taboo subject and notions of uncertainty as […]

 

Canada to Get Its First Major Update to the Divorce Act …

May 23rd, 2018

On May 22, 2018, the federal government introduced Bill C-78, An Act to Amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act. While most may be caught by its catchy name, Bill C-78 is something that […]

 

How is the Money from the Sale of a House Divided in a …

August 30th, 2017

Family lawyer John Schuman was recently asked this question: I bought my home in 1995 and it became the matrimonial home when i married my husband in 2009. I’m filing for divorce now and selling the house. Is the money from the sale of the house split 50/50 or will I receive a bit more […]

 

Am I Liable For My Ex-wife’s RRSP Losses?

June 30th, 2017

Toronto Family Lawyer John Schuman was recently asked the following question: Is there any case law that would show I am not liable for any of the following losses? When applying for a divorce, you must fill out a financial statement. Before we were married my wife had RRSP’s that were called labour sponsored funds. […]

 

Breaking up Before the Wedding: Who gets the Ring?

June 19th, 2017

By: Katelyn Bell, Summer Law Student Many television shows and movies portray it, and many couples live it. When a couple separates, who really should keep the engagement ring? While some may argue that it is the recipient’s to keep (after all – it was a gift!), others take the position that the ring belongs […]

 

The Dangers of the Online Separation Agreement

March 14th, 2017

In the age of the internet, the law is (at varying speeds) adapting to the online realities of the people it applies to. People can now file their taxes, issue small claims court applications and, most recently adjust some child support orders, at the click of a button. With the advent of websites such as […]

 
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