My Former Spouse Paid Off My Student Loans – Do I Have to Pay Him Back?

Blog Post
June 4, 2019
Read Time: 3 minutes

Read as Associate lawyer Ira Marcovitch answers the following question of student loan repayment after divorce: Before my husband and I married, I had been attending university. I convocated in May 2003 and my OSAP loans of $30,000 had to start being paid off in November 2003. We married in August 2003.My husband inherited money… Read more »

What is the difference between being separated and being divorced?

Blog Post
May 7, 2019
Read Time: 1 minute

Spouses are ‘separated’ when one person in the relationship has withdrawn from the relationship without any reasonable prospect of reconciliation or resumption of cohabitation. This means that you can be married and separated at the same time. In fact, in almost all cases, you have to have been separated from your spouse for at least one year before you can divorce. A divorce legally ends the marriage and allows former spouses to remarry.

Defining (and Redefining) the Meaning of “Spouse”

Blog Post
February 1, 2018
Read Time: 2 minutes

The definition of “spouse” is constantly being honed and refined. Over the last twelve months, the Ontario legislature has been attempting to update the definition of “spouse”, in order to make it as inclusive as possible.

So, you got engaged over the holidays. Here’s what to think of next.

Blog Post
January 8, 2018
Read Time: 3 minutes

If you are one of the many people who got engaged over the holidays, a new year brings with it new beginnings – but are you prepared for the financial responsibility to your partner? Family Law lawyer Marta Siemiarczuk explains some of the things you should think about when preparing a marriage contract.

Welcome, Jenna Preston!

Blog Post
December 22, 2017
Read Time: 1 minute

The Family Law Practice Group at Nelligan O’Brien Payne LLP is pleased to announce new member of the team, associate lawyer Jenna Preston.

Marta Siemiarczuk’s Article Series in the Law Times

Blog Post
December 6, 2017
Read Time: 1 minute

Outside of her family law practice, Marta Siemiarczuk has also been busy this year writing a series of articles for legal newspaper Law Times. Looking at cases from the Ontario Court of Appeal, Marta explored everything from retirement to marriage contracts.

How Do I Know When I’ve Separated From My Spouse?

Blog Post
October 19, 2016
Read Time: 2 minutes

You may think it should be obvious and people should know when they have separated. However, relationships are complicated, and the timing of when they are formally over can actually be very difficult to pin down. In family law, especially for married spouses who will be equalizing their property, it’s important to have a fixed date, which becomes the date of separation. It has to be one specific day, not the month or year.

Life Insurance: Protecting Support Obligations after Death

Blog Post
April 28, 2016
Read Time: 3 minutes

What are the insurance implications when one party has a spousal and/or child support obligation to the other? It is common practice to require the payor spouse to designate the recipient spouse as the irrevocable beneficiary of a life insurance policy. This is done either by agreement or by a court order. The minimum required face value of the life insurance policy is set at an amount large enough to ensure that the payor’s support obligations are fully covered in the event of the payor’s death.