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Featured Question

I have to transfer assets to my spouse as part of our Separation Agreement. Will the transfer trigger immediate income tax consequences for me?

Whether property can be transferred to your spouse without triggering immediate income tax liability depends on the type of property being transferred. In most cases, property can be transferred between spouses on a rollover basis, meaning no gains or losses arise, and the recipient receives the property at the transferor’s costs for income tax purposes, assuming both spouses are Canadian residents.

Some examples of assets which can be transferred on a rollover basis are: Registered Retirement Savings Plan (RRSPs); Tax-Free Savings Accounts (TFSAs); and, other forms of capital property. Note, in... MORE »

Most Recent FAQs

When am I considered not “married” for income tax purposes?

For income tax purposes, you are no longer “married” if you and your spouse have been living separate and apart for a period of 90 days or longer. The stage of your legal separation or divorce proceeding in which you are in does not matter, provided the 90 days’ separation is met.

The Canada Revenue Agency (CRA) requires you to update your marital status as soon as the 90 days has passed since you began living separate and apart from your spouse. You may update your marital status online, over the... MORE »

Why might avoiding court be important for my business?

You might not want to litigate your family law matter in court because it could have negative effects on the viability of your business. This is because court matters are public record and court documents filed by the parties can be accessed by anyone.

To bring a family law matter before a court, the party seeking relief is required to disclose relevant financial information and provide supporting documentation upon filing an application. This triggers the court process, requiring the responding party to make similar disclosure. These documents form part of the... MORE »

What techniques are available for preserving the interests our family business during collaborative negotiations?

The court process allows for only a rights based determination of the issues at hand. However, there are many intricacies involved when separation and divorce include a family business. As an alternative to a purely rights based approach, other options can be considered in a collaborative approach, including:

  • Family trusts or holding companies as a method of sharing income from the family business
  • Tax planning, avoiding the possibility of triggering a Canada Revenue Agency audit
  • Considering the formation of a new family trust
  • Employment of children in the family business
  • Estate, succession, and capacity planning
  • Ensuring... MORE »

How can collaborative practice save our business?

Collaborative Practice Family Law offers an effective alternative to the inherently adversarial court process. Both parties must enter into the process voluntarily, and agrees to resolve their issues respectfully. While the court process is oriented toward the legal rights and obligations of both parties, the collaborative process allows both parties to generate options that best suit their family. This allows the family much more self-determination in creating an outcome based on their specific needs.

One of the key elements of collaborative practice is the voluntary sharing of full and frank disclosure... MORE »