Announcement

Collapse
No announcement yet.

Spouses in seperate houses

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Spouses in seperate houses

    Hypothetical situation:

    A couple, each having their own children, wishes to marry but retain seperate households for a period of time to avoid uprooting any of the children from their current schools and living situations, with the intention of combining households once all of the children are finished school.

    Before this happens, say 5 years down the road the couple decides they no longer wish to stay married and intend to divorce. Given that the couple haven't combined households or finances in any way, how would this affect the divorce since they each retained their own residence and finances? Would there be no marital home or two marital homes? What else would they have to consider upon divorcing?

  • #2
    They are married and they are spouses according to all sections of the FLA.

    They have no children in common. The question of in loco parentis might come up, but generally from the way you describe it there was no overt intention to co-parent and no blending of families in practice, so I don't see a case for child support from either party.

    There would be an equalization of assets, but for this situaion I would say that ideal both parties would waive this. If one party insisted there could be an argument for unjust enrichment.

    Any argument for spousal support would be increadibly weak, however if there was a large income disparity and there had been overt promises made, like "yes dear, of course I would support you through your retirement!" then an argument could be made but really it is unlikely.

    The marital homes are the most interesting part. There can generally only be one marital home but sometimes a second home like a cottage can be seen as part of the whole. I think it would come down to how they had been co-habitating. Presumably they slept together sometimes. If it was once a week at each house, and the rest of the time they were at their own homes tending to their respective families then I think the idea of matrimonial home could be waived, although this would require argument and would be precedent setting.

    For it to be a contest, obviously one party would be seeking equalization and the other party refusing, so it would come down to who had the better argument.

    Comment


    • #3
      Would future earnings such as pensions be affected as well ?

      Comment

      Our Divorce Forums
      Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
      Working...
      X