Gail Vaz-Oxlade's Guide To:
Same Sex Divorce in Ontario
Financially Smart Divorce
For more than 25 years you have witnessed Gail Vaz-Oxlade's trademark straight-up money wisdom, both on Radio and Television, most notably as host of TVs Till Debt Do Us Part, Princess and Money Moron. Gail is a best-selling Canadian financial author.
Gail Vaz-Oxlade's Guide To
Same Sex Divorce in Ontario
Financially Smart Divorce
LGBTQ Divorce In Ontario
What is the Status of Same Sex Marriage in Ontario?
In July 2005, the Supreme Court of Canada declared same-sex marriages legal in all provinces across Canada (though same-sex marriages had already been legal in many provinces since 2003). If you have been legally married in Canada, you require a legal separation and divorce in order to remarry.
Are unmarried gay and lesbian couples considered common-law relationships?
Yes, the gender-neutral definition of common-law couples does not distinguish between gay and straight couples. In Ontario, if you have lived in a “marriage-like” relationship for at least three years, you are a common-law couple.
If I end a common-law same sex relationship, do I need to seek a divorce?
No, common-law relationships are not marriages and do not require official termination by divorce. In common-law, seek legal assistance when a relationship ends to assist with issues like spousal support, child support, child custody, and access or division of property.
Will custody decisions work against me if I’m in a same sex relationship?
Sexual orientation is generally irrelevant when it comes to child custody rulings. The court is primarily concerned with ruling in the best interest of the child.
How to Avoid A Messy Divorce
Seriously consider mediation before lawyer litigation
If at all possible, stay out of the Family Courts
Gather and organize your financial documents
Do your homework, understand how divorce works in Ontario
Can one partner in a same sex couple make a claim for spousal support after a break-up?
Yes, members of same-sex couples that split up can petition for spousal support, relative to the length of your marriage and differences in income. Common-law couples are not immediately entitled to support, but as long as the couple qualifies as a common-law couple, by having lived together in a “marriage-like” relationship for at least three years before separating, then an individual may attempt to justify a claim for support.
Is the division of property for a common-law same sex relationship the same as the division of property for married couples?
No. When a married couple divorces, the basic rule is that the increase in property value during the marriage is divided equally. This rule is NOT applied to common-law couples because common-law relationships are excluded from the provisions of the Family Law Act.
Partners in same-sex common-law relationships who believe they are entitled to a portion of the property held in the name of the other partner must prove that they deserve a share of that property. To meet the burden of proof, the partner who seeks a share of the property held in the name of the other partner must show that he or she made a contribution, either monetary or a contribution of time and effort; that that contribution exceeded the benefit that he or she has already received; that the other spouse received a disproportionate benefit; and that there’s no fair reason that the contributions of the non-owning spouse shouldn’t be rewarded.
The Common Sense Divorce is LGBTQ+ friendly divorce process available virtually across all of Ontario.