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Featured Question

My spouse wants to move the divorce proceeding I started to a Court to another municipality closer to his home. How can I stop this change from happening?

According to the Family Law Rules, a case should be heard where a party resides, or, if child custody and access are at issue, where the child ordinarily resides. To move your divorce proceeding to a Court in a different municipality, your spouse is required to bring a motion before Court to obtain an Order. Your spouse must show it is substantially more convenient to deal with the case or step in the case in another municipality.

The threshold of showing the transfer will be “substantially more convenient” is quite high.... MORE »

Most Recent FAQs

Does it matter where I file for divorce?

An application for divorce, with or without a claim for property, must be filed at the Ontario Superior Court of Justice. All other family law applications can be filed at the Ontario Court of Justice. As long as you ensure you are filing your application at the right Court, you are free to choose a Court location on the basis of where you reside, or if your application includes child custody and access issues, where the child resides.

If your spouse contests your application for divorce, you will be required to... MORE »

Is there a neutral agency in charge of valuing my spouse’s pension?

Only the member of an employer-sponsored pension plan may request valuation. Your options are limited. You may deal with your spouse directly to obtain the relevant information or you may do so through your legal representative. Your spouse may provide statements from the administrator of their pension plan indicating the pension’s value. This may not be sufficient for purposes of equalization, however. The generally accepted valuation document for equalization purposes is one which confirms the Family Law Value of the pension. Such valuation documents are provided by the Financial Services... MORE »

Will my spouse get part of my pension in cash?

Where a spouse’s employer-sponsored pension is to be split, the non-member spouse has several options for receiving payment. Your spouse will have to choose between transferring the funds to their personal registered retirement savings plan (RRSP) or Locked-In Retirement Account (LIRA), or leaving the money in your pension fund until they retire, at which point, they will receive monthly payments. Where pension funds are locked-in, the non-member spouse can only transfer their share into their LIRA or similar locked-in RRSP which cannot be accessed until their retirement.

In cases where the... MORE »

How is my pension valued for purposes of equalization?

Employer-sponsored pensions are valued in a two-step process. First, the total value of the pension-holder’s pension must be determined. This “preliminary value” represents the entire period in which the pension was earned up until the date of marital separation.

Second, the preliminary value is then pro-rated to reflect the value earned during the pension-holder’s marriage to their spouse. This is known as the “family law value.” Once the Family Law Value has been calculated, it is factored in determining the pension-holding spouse’s Net Family Property for purposes of equalization.

 

... MORE »