Your Financial Obligations to a Freeloading Spouse Do Not Always End as Soon as You Divorce

For every divorced couple whose marriage fell apart because they prioritized their commitments to their respective careers over their commitments to the family they shared, there is a divorced couple that grew apart because only one spouse was in the workforce. At their best, families where one spouse earns employment income while the other takes family caregiving as a full-time occupation feel like a venture in which both parties are fully invested. At their worst, the employed spouse resents being treated like an ATM and interprets the stay-at-home spouse’s requests for money and complaints about her overwhelming workload as disrespect. The non-working spouse gets a worse deal. When both spouses work, then they can both let off steam at home by complaining to each other about the annoyances at work; meanwhile work gives them a social outlet where, within reason, they can complain about family pressures. Spouses whose occupation is being family caregivers have no work-life balance. Regardless of whether both spouses worked during the marriage or only one, both spouses have the right to a fair share of marital property if the couple gets divorced. A Mississauga family lawyer can help you if you are getting a divorce after a marriage where you were the sole source of financial support for your spouse.

Marital Property Is for Stay-at-Home Spouses, Too

Some jurisdictions require couples to divide their marital property evenly if they divorce, but Ontario is not one of them. In Ontario, family court judges may use their discretion to determine the fairest way to divide the marital property. In practice, divorce cases where judges decide which spouse gets to keep which assets are the exception rather than the rule. Most of the time, the spouses work out an agreement during mediation, and the judge simply signs off on it to finalize the divorce. The law takes the attitude that you and your spouse know what works best for your family.

The property division rules apply to marital property, which is assets that the parties acquired during the marriage; if you owned an asset since before marrying your spouse, your spouse does not have a right to it if your divorce; if the asset appreciated in value during the marriage, your ex might be entitled to cash in the amount of your ex’s fair share of the appreciation. Assets are considered marital if either spouse acquired them during the marriage. It does not matter which spouse’s name is on the pay stub or which spouse signed to finalize the contract of sale. If your spouse did not work during your marriage, he or she is still entitled to a fair share of the property you owned together during the marriage.

Contact Zagazeta Garcia LLP About Dividing Marital Property

A family lawyer can help you finalize your divorce as amicably as possible, even if you are the only one who earned money during your marriage.  Contact Zagazeta Garcia LLP in Mississauga, Ontario to discuss your case.

Source:

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