Family Law Lawyer in Vaughan, GTA

Things People Think Are Automatic in Divorce, but Aren’t

This is general information and should not be interpreted as legal advice. Contact a family law lawyer to understand your rights and obligations.

Divorce is often surrounded by assumptions about what will “automatically” happen once a marriage ends. In Ontario family law, many of these beliefs are incorrect and can lead to confusion, unfair outcomes, or costly mistakes. Understanding what is not automatic is just as important as knowing what is.

Equal Division of All Assets

Many people believe that everything each spouse owns will be split 50/50 after divorce. In Ontario, this is not how property division works. The law focuses on the equalization of net family property, not the physical division of every asset. Certain assets may be excluded, such as inheritances or gifts received during the marriage, and the matrimonial home follows special rules. The result is often a payment from one spouse to the other, not a literal split of property.

Spousal Support

Spousal support is not guaranteed. Whether it is payable depends on several factors, including the length of the marriage, each spouse’s income, roles during the relationship, and whether one spouse suffered economic disadvantage as a result of the marriage or its breakdown. Even when support is appropriate, the amount and duration are not automatic and often require negotiation or court determination.

Child Support Amounts

While Ontario uses Child Support Guidelines, child support is not as simple as automatically applying a table amount. Factors such as shared parenting time, special or extraordinary expenses, fluctuating income, or self-employment can significantly affect support calculations. Parents often assume child support will sort itself out, but proper financial disclosure is essential.

Custody or Parenting Rights Based on Gender

A persistent myth is that mothers automatically receive custody or primary parenting time. Ontario family law does not favor one parent over another based on gender. Parenting arrangements are determined based on the best interests of the child, considering factors like stability, caregiving history, and each parent’s ability to meet the child’s needs.

Automatic Divorce After Separation

Separation alone does not end a marriage. In most cases, spouses must be separated for at least one year before they can apply for a divorce, unless adultery or cruelty is proven. Even then, a court order is required. Until a divorce is finalized, spouses remain legally married.

Responsibility for Joint Debts

People often assume debts will be divided fairly or automatically reassigned after separation. In reality, creditors are not bound by separation agreements or court orders. If both spouses’ names are on a debt, both remain legally responsible, regardless of what family law arrangements say.

Seeking Legal Support

Divorce in Ontario involves legal rights and obligations that are rarely automatic and often misunderstood. Getting accurate advice early can help protect your financial future and your family relationships.

Majoka Law assists clients with clarity, strategy, and practical solutions during separation and divorce. Contact us today to discuss your situation and get the legal guidance you need.