During a divorce, couples often argue over whether an inheritance received by one spouse is to be included in the assets and property to be divided. As a rule, inheritances or gifts received by one spouse are excluded from the property division calculation used when spouses separate and divorce. Be aware that the inheritance or gift must not be treated as matrimonial property or placed into a joint account, as this will create complex accounting issues in your joint finances which will be difficult to unravel to prove the ownership of the inheritance or gift. At the time of the divorce, the inheritance or gift must still be in existence, whether this is in the form of a physical object, or non-tangible property such as stocks and shares. Upon receipt of inheritance or a gift, unless a spouse wishes for it to form part of the matrimonial property, a spouse … Read More
2020 – Does the 20th year of marriage mean an indefinite spousal support obligation?
With 2020 now upon us, it seems appropriate to consider the impact of reaching your twenty-year anniversary and what impact this may have on your spousal support obligations. The Spousal Support Advisory Guidelines suggest that where spouses have been together for twenty years or more, the duration of spousal support should not end at a specified point, in essence rendering the obligation to be indefinite. However, the Courts will look at the particular circumstances of the spouses including the requirement to become self-sufficient, the standard of living that the spouse grew accustomed to throughout the marriage and the age and employment potential of the spouse claiming spousal support. In the recent case of Cowan v Cowan (2019) , the parties were married for 21.5 years. The wife was an anaesthesiologist and associate professor earning over $300,000 annually, and her husband who claimed spousal support was a teacher earning $92,000 per … Read More
What is a legal separation?
In Ontario, there is no such thing as ‘legal separation’. Married couples need to get divorced to finalize their separation and common law couples are not required to complete any formal process to separate. Separated spouses may wish to enter into a separation agreement. A separation agreement is a domestic contract between both spouses who no longer wish to remain together. A separation agreement can detail rights and obligations relating to property, spousal support, obligations relating to children, and any other issues that spouses may wish to regulate. Once the agreement is signed by both parties and witnessed, it is a legally binding contract just like any other and you cannot change the terms without an amendment or court order. Both spouses should always take independent legal advice to help avoid any agreement being overturned. Separation agreements are not mandatory, but they can provide a reassuring avenue to avoid acrimonious … Read More
Broken Engagements- Who Keeps the Ring?
When an engagement ends, the question of who keeps the engagement ring is not as straight forward as one might assume. There is a long line of case law dating back centuries in which courts have struggled with this question. The traditional common law approach held that the party who ended the engagement loses claim to the ring. If the engagement ring is seen as conditional gift, the ring would go back to the donor. Section 33 of Ontario’s Marriage Act changed the common law approach slightly by stating the donee will keep the engagement ring if it’s an absolute gift, whereas the donor will get the ring back if it was a conditional gift. However, the Marriage Act also states a promise to marry cannot be enforced nor can a party bring a court action for a breach of a promise to marry. Removing the issue of fault in … Read More
Four Things to Know About Common Law Relationships
1. Definition of Common Law Relationships There is no universal definition of a common law relationship. Federal and provincial legislation use differing criteria to define common law relationships. For example, Ontario’s Family Law Act, defines common law relationships as one where parties reside together for at least three years or where parties are in a relationship of some permanence and have a child. Whereas, under the Income Tax Act, a common law relationship is defined as one where parties are in a conjugal relationship and living together for at least twelve continuous months. 2. Spousal Support Common law spouses, like married spouses may be entitled to receive spousal support upon separation under Ontario’s Family Law Act. Once an entitlement to spousal support is established, the quantum and duration of spousal support is calculated based on the Spousal Support Advisory Guidelines. These guidelines determine the quantum and duration of support based … Read More
Gilbertson Davis LLP Welcomes Family Law Lawyer Kimberley Wilton!
Gilbertson Davis LLP extends a Warm Welcome to Family Law Lawyer Kimberley Wilton. Kim was called to the Bars of Ontario, Newfoundland and Labrador in 2013, after obtaining her Doctor of Jurisprudence degree from Dalhousie University (2012; Schulich School of Law), a B.Sc. (Hons.) degree from the University of Toronto (Psychology and Middle Eastern Studies; 2006) and a B.A. degree from Memorial University (English Language and Literature; 2009). Kim is also certified as a Collaborative Family Law Lawyer. Kim is passionate about the provision of client service to a standard of excellence. She has experience in a broad range of Family Law matters, including contentious custody and access disputes, child and spousal support claims, complex property disputes including the division of assets, adoption applications and mobility issues. She is also experienced in drafting parenting plans, separation plans and domestic contracts. Kim is sensitive to the specific needs of each client, … Read More
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