Some Canadian couples who have deciding to get a divorce are living together longer amid a 鈥渇renzied鈥� housing market and the ongoing COVID-19 pandemic.
That鈥檚 according to Alyssa Bach, a family lawyer with Shulman & Partners LLP in Toronto.
Bach told CTV鈥檚 Your Morning on Wednesday that while itis not 鈥渦nusual to stay together for a couple of months while you sort out your finances and find a new place,鈥� separating couples are now living together for 鈥渆xtended periods.鈥�
Bach said this is becoming more because of the housing market and Omicron wave of the pandemic.
鈥淎nd it鈥檚 adding to these family law complications,鈥� she said.
Bach said one of the biggest issues is the date of separation. Bach explained that this is 鈥渁 really important date鈥� for married couples who are separating as it is when they start looking at their entitlements and assets.
When couples have a large asset, such as a house, and it is only in the name of one of the spouses, she says their entitlement to that property and the value of that property is 鈥渧ery determinative鈥� by the date of separation.
鈥淪o when you鈥檙e continuing to live together, if there鈥檚 this dispute about when you separate, normally that wouldn鈥檛 be such a big deal, but with the housing market -- increasing prices in such short periods of time -- you see that dispute over that increased value,鈥� Bach said.
CREATING A PLAN
Bach offered some advice to those who may find themselves in the difficult situation of living in the same home as their spouse while seeking a divorce.
She said one of the 鈥渕ain things鈥� to do, is work on a separation agreement.
鈥淥r at least solidify that date of separation,鈥� she said. 鈥淢ake sure that is communicated to your partner as soon as possible so that you two are on the same page.鈥�
Bach said it is also important to maintain privacy, as well as respect the privacy of your spouse.
鈥淓specially when it鈥檚 coming to conversations with your lawyers [and] legal documents,鈥� she said. 鈥淛ust ensuring that level of confidentiality.鈥�
Bach said separating couples should also create a plan with the ultimate goal of living in separate homes.
Bach said couples seeking to divorce must understand not only what their rights are, but also what obligations they may have. She noted that there are obligations when it comes to splitting up assets, but also support obligations and child care responsibilities.
鈥淭here are so many factors that come into play when couples separate,鈥� she explained. 鈥淚t鈥檚 not just a take, there鈥檚 also a give-- that鈥檚 there as well.鈥�
She said a separation agreement ensures that everybody is 鈥渙n the same page鈥� and can also help to 鈥渞educe tensions.鈥�
According to Statistics Canada, approximately 2.71 million people were listed as legally divorced in 2020, regardless of the year in which the divorce occurred.
Correction:
This article has been updated to correct information about the number of divorced people in Canada.
