Are Personal Injury Damages Exempt From Matrimonial Property?

When a couple gets divorced, a key issue to resolve is the fair valuation and division of all matrimony property. When one party receives damages for injuries suffered in an accident after separation, how are those damages to be treated when it comes to the division of property? Under s. 7(2) of the Matrimonial Property… Continue reading Are Personal Injury Damages Exempt From Matrimonial Property?

Double Dipping & Support Valuation

One of the more complex issues a couple will face when divorcing or ending a common-law relationship is that of sorting out support obligations and equalizing the value of the net family property. A particularly complex issue around determining spousal support is that of ‘double-dipping’ with respect to income earned from property that has already… Continue reading Double Dipping & Support Valuation

The ‘Rule of 65’ & Indefinite Support

When people are divorcing or ending a long-term relationship, they must often confront the idea of spousal support. While the general concept is well-understood, there are some specific terms that people often have questions about. In this post, we will address two related concepts: indefinite support and the ‘Rule of 65’. What is ‘Indefinite Support’?… Continue reading The ‘Rule of 65’ & Indefinite Support

Revisiting Spousal Support Obligations in Light of Material Change

Entitlement to, and the quantum of, spousal support is generally determined at the time of a divorce proceeding. However, life is full of change, and the circumstances that were applicable to the parties at the time of the divorce may diverge considerably after the fact. One party may lose the ability to work or secure… Continue reading Revisiting Spousal Support Obligations in Light of Material Change