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

Featured Content// Blog Post
January 2, 2020
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.

What is “income for support purposes”?

Blog Post
December 19, 2019
Read Time: 3 minutes

When it comes to child support and spousal support after separation, determining each spouse’s income for support purposes is the first step. Although this may sound straightforward at first (I mean, we all file our annual taxes, right?), it can involve quite a detailed examination of each spouse’s sources of income. In a nutshell, “income… Read more »

How to Protect your Inheritance from Separation or Divorce

Blog Post
December 5, 2019
Read Time: 4 minutes

If you have received an inheritance from a loved one, chances are it was intended for you personally, and not your spouse. However, if you are not careful with what you do with the inheritance you could be required to share it with your spouse if you separate or divorce. Receiving an inheritance while married… Read more »

How Changes to American Tax Law Can Affect Canadian Spousal Support Payments

Blog Post
November 21, 2019
Read Time: 3 minutes

In late 2017, the US Congress passed the Tax Cuts and Jobs Act. While some aspects of the bill, such as the reduction in corporate income tax, received wide-spread press coverage, other aspects did not, such as the change to how spousal support (called alimony in the US) is taxed, and how this impacts the… Read more »

Does child support end when a child turns 18?

Blog Post
November 7, 2019
Read Time: 2 minutes

Not necessarily. Child support is based on a child’s level of dependency, not just their age. In many cases, a child’s entitlement to support will extend for several years after they reach the age of majority. Who is a “child” for child support purposes? Two pieces of legislation govern child support in Ontario: the Family… Read more »

Retroactive child support after age 18

Blog Post
August 16, 2019
Read Time: 3 minutes

I’m 18 and my dad never paid child support. I was wondering if I can sue him for the money? The payment of child support is one of the most common areas of contention arising from the breakdown of a marriage or familial unit. In Ontario, child support is governed by a combination of the… Read more »

Common Law Pension Entitlement

Blog Post
July 31, 2019
Read Time: 2 minutes

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 »

Misrepresentation and Retroactive Child Support – how far back can you go?

Blog Post
July 3, 2019
Read Time: 2 minutes

What happens if your former spouse misrepresented income when previously determining child support obligations? How many years back can you claim retroactive child support or a variation in support? Read as family lawyer Ira Marcovitch explains: In Ontario, child support is governed by a combination of the Divorce Act, the Family Law Act, and the… Read more »

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

Blog Post
June 14, 2019
Read Time: 2 minutes

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 »