Is There Such A Thing As “Spousal Abandonment” in Canada? Posted onFebruary 14, 2019September 2, 2022/ John P. Schuman and Katelyn Bell What happens if your spouse just ups and leaves? Can you press charges? Is there an automatic right to divorce?A reader recently posed these questions. Simply put, the answer is no.In Canada, we have what can be effectively termed “no fault” divorce. This means that a Court does not have to find one spouse or the other is at fault for the breakdown of the marriage. So although it may be “wrong” for your partner to abandon you, it is not “illegal” and it is not a valid ground for divorce.The only ground for a divorce in Canada in the Divorce Act is “marriage breakdown”. The Divorce Act says you can show your marriage has broken down if any one of the following criteria applies to you:You have been living apart for one year or more.Your spouse has been physically or mentally cruel to you.Your spouse has committed adultery.It is most common for a spouse to divorce based on having lived “separate and apart” with no reasonable prospect of reconciliation for at least one year. You do not need to establish that one spouse behaved badly in order to secure a divorce on the basis of a one-year separation.The other two grounds for divorce are much more difficult to rely on: you can seek a divorce on the grounds that your spouse committed adultery, or treated you with such mental or physical cruelty as to render continued cohabitation intolerable. A divorce on either of these grounds is available less than one year after separation. However, unless your spouse is willing to admit to this behaviour – which for obvious reasons, not many people would – you must prove these grounds and it can be very costly to do so.So if your spouse does up and leave you, you have remedies – you could file for divorce or initiate a court application for spousal support, or if you have children, child support – but a charge or declaration of “spousal abandonment” is not one of these remedies.If you are considering a divorce or you and your spouse have been living apart for a significant amount of time, contact John Schuman of Devry Smith Frank LLP today at 416-446-5080. Alternatively, email john.schuman@devrylaw.ca “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” My ex-spouse’s income has increased substantially since separation. Am I entitled to more spousal support? Read More » Is Base Monthly Child Support Ever Too High? Can High-Income Earners Get A Break From The Child Support Guidelines Tables? Read More » Common Law Relationship? You Do Not Have the Same Rights as Married Spouses in Ontario Read More » Authors John P. Schuman 416-446-5080 416-446-5080 john.schuman@devrylaw.ca Katelyn Bell 416-446-5837 416-446-5837 katelyn.bell@devrylaw.ca Related Posts Posted onJanuary 25, 2021February 16, 2024/ Devry Smith Frank LLP Can My New Spouse or Partner Adopt My Biological Children? Integrating a new partner into your existing family can be an exciting step, but it is not always without challenges. Depending on whether the children’s other biological parent is still in the picture, your children’s age, and their opinion, the process of adoption could be difficult and you may face additional legal challenges. Is the Read more Posted onJanuary 25, 2021February 16, 2024/ Devry Smith Frank LLP Why You Might Want A Cohabitation Agreement Granted, it is not a particularly romantic gesture to ask your common-law partner for a cohabitation agreement. If you are busy building a happy life together, bringing up the possibility of separation and legal consequences that may result can be uncomfortable. Here are several reasons why that discomfort should be faced, overcome, and how your Read more Posted onDecember 24, 2020July 29, 2021/ John P. Schuman Sharing The Holidays After Separation Holidays can be difficult for separated families. It may be impossible for the children to celebrate with both parents and their families or to have the most important time, that is, Christmas morning, with both parents. So how can separated parents divide up those special times? Doing so can be one of the biggest challenges Read more Posted onDecember 17, 2020June 24, 2021/ John P. Schuman Can I be summoned to pay my fiance’s child support in Ontario? Question: I am engaged to someone who already has kids from a previous marriage: 6, 13 and 14 years. If he defaults on his child support payment, will I be asked to pay his support? Will my income be factored in? How can I protect myself? – Advice Scene Child support is the right of Read more Posted onSeptember 25, 2020April 15, 2024/ Devry Smith Frank LLP Determining the Child Support Obligations of a Step Parent A spouse who stands in the place of a parent to a child can be obligated to pay child support, according to s. 5 of the Ontario Child Support Guidelines (“Guidelines”). The amount a step-parent will be ordered to pay is at the discretion of courts. When exercising this discretion, the court will look to Read more
My ex-spouse’s income has increased substantially since separation. Am I entitled to more spousal support? Read More »
Is Base Monthly Child Support Ever Too High? Can High-Income Earners Get A Break From The Child Support Guidelines Tables? Read More »