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Ontario Family Law FAQs
Common Questions About Divorce, Support, Parenting, and Property
1. How do I know if I am legally separated in Ontario?
You are considered separated when at least one spouse decides the marriage is over and communicates that decision to the other spouse. You do not need to move out—spouses can be separated while living in the same home if they live separate lives.
2. Do I need to be separated before applying for divorce in Ontario?
Yes. The most common ground for divorce under the Divorce Act is one year of separation. You can apply for divorce before the year ends, but the divorce will not be granted until the full year has passed.
3. What is the difference between divorce and separation?
Separation occurs when spouses stop living as a couple. Divorce is the legal process that formally ends the marriage. You can be separated without being divorced, but you cannot remarry until a divorce is finalized.
4. What is parenting time in Ontario?
Parenting time refers to the time a child spends in each parent’s care after separation. It can be set by agreement or court order and must be based on the child’s best interests, not parental entitlement.
5. What is decision-making responsibility?
Decision-making responsibility is the legal authority to make major decisions about a child’s life, such as education, health care, and religion. It replaced the term “custody” and is governed by the Divorce Act and the Children’s Law Reform Act.
6. How is child support calculated in Ontario?
Child support is calculated using the Federal Child Support Guidelines, based primarily on the paying parent’s income and the number of children. Courts may also order special or extraordinary expenses, known as section 7 expenses.
7. Am I entitled to spousal support in Ontario?
Spousal support depends on factors such as the length of the relationship, roles during the marriage, income, and economic disadvantage. Courts often use the Spousal Support Advisory Guidelines (SSAGs) to determine amount and duration.
8. How is property divided between married spouses in Ontario?
Ontario uses an equalization of net family property system. Each spouse keeps property in their own name, but the spouse with the higher net family property may owe an equalization payment. Property division is governed by the Family Law Act.