Common Law Pension Entitlement

July 31, 2019
Blog Post

Read as Family Lawyer Ira Marcovitch breaks down the question of pension entitlement in a common-law relationship: I was in a common-law relationship for 13 years. We have 2 children together. He is taking out his $100,000 union pension and returning back to Ireland for good. Am I entitled to half of his pension? Entitlement… Read more »

S.H. v. D.H. Revisted – Use of Embryos After Separation

June 14, 2019
Blog Post

Nelligan O’Brien Payne gratefully acknowledges the contribution of Alaina Woolfrey, Student-at-Law in writing this blog post. In July 2018, the Superior Court of Justice released its decision in S.H. v. D.H., wherein it was held that the wife of a separated couple should be permitted access to the last remaining embryo owned by the couple,… Read more »

What is the difference between being separated and being divorced?

May 7, 2019
Blog Post

Spouses are ‘separated’ when one person in the relationship has withdrawn from the relationship without any reasonable prospect of reconciliation or resumption of cohabitation.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.