Common Legal Questions Answered about Spousal Support
Common Legal Questions Answered about Spousal Support
1 My spouse cheated. Do I need to pay spousal support?
Yes as family law operates on a "no-fault" basis. The conduct of a spouse, including adultery, is not relevant to the determination of entitlement to or the amount of spousal support. Spousal support is based on factors such as financial need, compensatory claims, and contractual arrangements, not marital misconduct.
2 My spouse cheated. Do I need to divide my assets?
Yes. The division of assets in Ontario is governed by a "no-fault" regime. The reasons for the breakdown of the marriage, including adultery, do not affect the equalization of net family property. Each spouse is entitled to an equal share of the increase in value of family property acquired during the marriage, subject to statutory exclusions and exceptions, regardless of marital misconduct.
3 Am I liable for my spouse’s date of marriage debt during our divorce?
No. In the equalization of net family property, each spouse’s net worth at the date of marriage is deducted from their net worth at the date of separation. Debts existing at the date of marriage are subtracted from the calculation of net family property for the spouse who incurred them. You are not personally liable for your spouse’s pre-marriage debts; however, those debts may reduce your spouse’s net family property and thus affect the equalization payment.
